Presidential Proclamation restricts non-immigrants’ entry into U.S.

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Snell & WilmerPresident Trump’s Proclamation suspending the entry of foreign nationals on certain employment based nonimmigrant visas into the United States takes effect at 12:01 EST on June 24, 2020.  The Proclamation suspends the issuance of visas for those in the following non-immigrants categories:  H-1B (specialty occupation), H-2B (non-agricultural workers), J (exchange visitors) and L (intra-company transferees).

The ban is in effect through December 31, 2020 and applies only to foreign nationals who meet the following criteria:

  • They are outside the U.S. on the effective date of the Proclamation;
  • They do not have a nonimmigrant visa that is valid on the effective date of the Proclamation; and
  • They do not have an official travel document other than a visa, valid on the effective date of the Proclamation or thereafter permitting them to be admitted to the U.S.

There are several exemptions including the following:

  • Lawful permanent residents (green card holders);
  • A spouse or child of S. citizen;
  • Those who will provide temporary labor essential to the U.S. food supply chain; or
  • Those whose entry would be in the national interest of the U.S.

The Proclamation also directs the issuance of regulations that would, among other things, ensure that those who are seeking H-1B status not limit opportunities for U.S. workers.

Foreign nationals and their employers should carefully consider the ramifications of this new Proclamation before scheduling business or personal travel abroad.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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