On June 22, 2020, President Trump issued an updated presidential proclamation (“New Order”) suspending the entry of foreign nationals who present a risk to the U.S. labor market following the Coronavirus outbreak. The New Order continues and expands upon an April 22, 2020, proclamation (“Previous Order”) that temporarily suspended the entry of certain immigrants and lawful permanent residents for a period of 60 days.
Continuing to cite high domestic unemployment, the New Order sustains a ban placed on certain immigrants and lawful permanent residents. In addition, the New Order also suspends the entry into the United States, of any foreign national worker who seeks to enter the country pursuant to the following nonimmigrant or temporary visa categories:
- An H-1B or H-2B visa, and any dependent foreign nationals;
- A J visa, to the extent the individual is entering the country to participate as an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any dependent foreign nationals; and
- An L visa, and any dependent foreign nationals.
Like the Previous Order, the New Order only applies to those foreign nationals who:
- Are outside of the United States;
- Do not possess a valid nonimmigrant visa; and
- Do not have an official travel document other than a visa (ie. advance parole, boarding foil or transportation letter) that is valid.
There are also exceptions that apply to foreign nationals that are:
- Lawful permanent residents of the United States;
- Spouses and children of United States Citizens;
- Foreign nationals seeking entry into the United States to provide temporary labor or services essential to the United States supply chain; and
- Foreign nationals whose entry may be in the national interest to the United States.
The June 22 order is valid from June 24, 2020, until December 31, 2020, but may be extended by the administration.
With the issuance of this New Order, the continued uncertainty of the pandemic and the continuing nature of immigration restrictions (i.e. Embassy/Consular closures, travel bans), we advise all foreign nationals and company employees to remain in the United States and avoid any unnecessary international travel.