U.S. President Donald Trump temporarily suspended entry into the United States of certain foreign workers of H1-B, H2-B, L1, etc. on Monday by amending the proclamation, which was issued previously on April 22nd, 2020. Please read the following to know who all effected.
H-1s & L-1s Cannot Come to USA for the Rest of 2020
President Trump issued an executive order suspending H-1, L-1 visa holders, who are outside of the U.S., from entering/seeking US admission between June 24, 2020 to December 31, 2020. Details are as follows:
Who Cannot Come to the U.S.A. for the rest of this year?
1. H-1B, H-4, or H-2B visa holders, and any alien accompanying or following to join such alien, such as dependents;
2. J visa holders, to the extent the alien is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any alien accompanying or following to join such alien, such as dependents; and
3. L-1, L-2 visa holders, and any alien accompanying or following to join such alien, such as dependents.
Only Applies to People Outside the U.S.A.?
This order, only covers individuals who meet the all the following three requirements:
1. Outside the United States on the effective date of the Proclamation (June 24, 2020);
2. Do not hold a nonimmigrant visa valid on the effective date of the Proclamation; and
3. Do not hold an official travel documents other than a visa (e.g., transportation letter, boarding foil, or advance parole document). Such documents are rarely used by non-immigrant visa holders in the affected categories.
If you have a valid visa issued before June 24th, you can still leave the foreign country and enter the United States.
Who Does the Order Not Apply To?
1. The executive order does NOT apply to the following individuals:
(i) any lawful permanent resident (green card holder) of the United States;
(ii) any alien who is the spouse or child, of a United States citizen;
(iii) any alien seeking to enter the United States to provide temporary labor or services essential to the United States food supply chain; and
(iv) any alien whose entry would be in the national interest as determined by the Secretary of State, the Secretary of Homeland Security.
Can I Continue Filing For H-1, L-1? Change from OPT? Carry on PERM Filings?
Yes, you can carry on filing new H-1 and transfer petitions, and L-1 petitions, but once approved, the beneficiaries will only be able to travel next year. Yes, you can file for change of status from OPT to H-1, since International students working on Optional Practical Training were spared. And, yes you can carry on with your regular PERM filings, this order does not affect PERM applications.
Till When Can These Visa Holders Not Travel?
This proclamation shall expire on December 31, 2020 and may be continued as necessary.
How Bad is This Proclamation?
From an appearance point of view, it is really bad. It will shake up companies depending on the inflow of work visa holders to sustain their businesses. But, in the totality of circumstances, is this order is more election year political strategy or will it cause significant harm to your business. For instance, let’s look at a few related issues:
1. There are no flights coming into the U.S. in the near foreseeable future
2. Many of the Consulates around the world the next appointment to hold a visa interview for a new beneficiary is in 2021 and not this year.
3. From a business point of view, most businesses in the U.S. are not asking new non-immigrant visa holders to come to the U.S. anyways and are managing to keep their current staff employed or sending some of their staff members back to their home countries.
Please expect more clarifications from the Government in the next few days and also challenges will be filed in the Courts to test the validity of the power of the President to decide these suspensions on an executive order.
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