Trump Issues Executive Order Suspending H-1B, H-2B, L-1, L-2, And J Visas

On Monday, June 22, 2020, President Trump issued a “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak.” The proclamation will bar certain foreign workers from entering the United States beginning on June 24, 2020 and is set to expire on December 31, 2020 (with a possibility of renewal). Pursuant to the order, individuals will not be able to apply for a nonimmigrant visa at a U.S. consulate or embassy abroad.

The Executive Order will impact individuals outside of the United States without a valid nonimmigrant visa in the categories mentioned below.

Non-immigrant Visas Affected by the Suspension

• H-1B, H-4, and H-2B visas
• L-1 and L-2 visas
• J visas “to the extent the person is participating in an intern, trainee, teacher, camp counselor, au pair or summer work travel program, and any person accompanying or following to join such person.”

Scope of the Suspension

The suspension of entry will only apply to those who:

• are outside of the United States when the proclamation goes into effect;
• do not have a valid nonimmigrant visa on the effective date; and
• do not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advanced parole document) that is valid on the effective date of the proclamation or issued on any date thereafter that permits them to travel to the United States.

Who is Exempt?

The suspension on entry does not apply to:

• any lawful permanent resident of the United States;
• any alien who is the spouse or child, as defined in section 101(b)(1) of the I.N.A. (8 U.S.C. 1101(b)(1)), of a United States citizen;
• any alien seeking to enter the United States to provide temporary labor or services essential to the United States food supply chain;
• any alien whose entry would be in the national interest as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.

Visa holders currently inside the United States will not be affected and will remain eligible to file for the change of status, transfer, or extension (where applicable).

The Executive Order also extends the April 2020 suspension of entry for those applying for an immigrant visa (green card) at a U.S. Consulate abroad.