Client Alerts

Presidential Proclamation Suspends Entry of Foreign Nationals on H-1B, H-2B, L and J Visas

By: David W. Leopold

About: Immigration

June 23, 2020 – On June 22, 2020, President Trump issued a proclamation that suspends the entry of foreign nationals on certain employment-based nonimmigrant visas into the United States. This Proclamation also extends, effective immediately, Presidential Proclamation 10014 issued on April 22, 2020, which suspended the entry of certain immigrants into the United States.

To view a webinar with Ulmer Partner David W. Leopold on this topic, click here.

The nonimmigrant visa Proclamation suspends the issuance of visas for those seeking entry pursuant to a(n):

• H-1B visa and any foreign national accompanying or following to join them;
• H-2B visa and any foreign national accompanying or following to join them;
• J visa, to the extent the foreign national is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any foreign national accompanying or following to join them (note: foreign scholars and J-1 physicians, are exempted); and
• L visa, and any foreign national accompanying or following to join them.

Note: The Proclamation does not apply to B1/B2, TN, O-1 or E1/E2 visas.

The Proclamation will only apply to an individual identified above if they:

• are outside of the United States on the effective date of the Proclamation (June 24, 2020);
• do not have a nonimmigrant visa that is valid on the effective date of the Proclamation; and
• do not have an official travel document other than a visa (such as a transportation letter, boarding foil, or advance parole document), valid on the effective date of the Proclamation or issued thereafter permitting the individual to be admitted to the United States.

Note: As drafted the Proclamation does not apply to anyone inside the U.S. on June 24, 2020, or in possession of any valid nonimmigrant visa. This appears to create an exemption for individuals in possession of any valid nonimmigrant visa as of the effective date of the Proclamation. The Ulmer Immigration Group is closely monitoring the interpretation of this language.

Exemptions: The Proclamation will not apply to the following individuals:

• lawful permanent resident (green card holder);
• spouse or child of a U.S. citizen;
• any individual seeking entry to provide temporary labor essential to the U.S. food supply chain;
• any individual whose entry would be in the national interest as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.

For the purposes of determining who is covered under the “national interest” exemption, the Proclamation directs the Secretaries of State, Labor, and Homeland Security to determine standards for those to whom such an exemption would be available, including any individuals who

• are critical to the defense, law enforcement, diplomacy, or national security of the United States;
• are involved with the provision of medical care to individuals who have contracted COVID-19 and are currently hospitalized;
• are involved with the provision of medical research at U.S. facilities to help the United States combat COVID-19;
• are necessary to facilitate the immediate and continued economic recovery of the United States; or
• are children who would age out of eligibility for a visa because of this proclamation or Proclamation 10014.

Note: there is no categorical exemption for physicians or other healthcare workers. However, the “provision of medical care to individuals who have contracted COVID-19 and are currently hospitalized” as noted above would include many healthcare professionals.

Ulmer’s Immigration Law Group is closely monitoring these developments and is prepared to support you and your organization with your business needs. Please reach out to our immigration attorneys if you have any questions.

The details above were sourced from a summary distributed on June 22, 2020, by the American Immigration Counsel and American Immigration Lawyers Association. The information provided in this client alert speaks only to the information and guidance we have available as of the date of publication and is subject to change. We will continue to follow further issued guidance and regulations and endeavor to post those updates via our website. Please continue to follow these updates at ulmer.com. This legal update was created by Ulmer & Berne LLP, and is not intended as a substitute for professional legal advice. Receipt of this client alert, by itself, does not create an attorney client relationship. For any questions, or for further information, please contact David W. Leopold at dleopold@ulmer.com.