23 June 2020

The White House has announced a suspension of permission to enter the United States for foreign workers across a number of nonimmigrant visa categories and extended an existing ban on certain immigrant visas. This latest Presidential Proclamation, signed by President Trump on June 22, 2020 extends and expands upon the previous proclamation issued on April 22, 2020.

When does the Proclamation take effect?
The extension of the April 22, 2020 immigrant visa order is effective immediately. The remainder of the proclamation goes into effect at 12:01am on 24 June 2020 and will be reviewed in 30 and then every 60 days thereafter.  The entire order is scheduled to expire on December 31, 2020, but may be rescinded, modified or extended prior to its expiration.

Which categories are affected?
The Proclamation extends the suspension of immigrant visa services detailed in our previous update. It also applies to L, H-1B, H-2B, and some J-1 nonimmigrants and their dependents who are outside the US on June 24, 2020, and who have not already been issued a visa or travel document. Individuals who are outside the US but have already been issued a nonimmigrant visa in these categories are not included in this ban.  It is unclear whether individuals who are outside the US and who already have a visa in another category will be affected.  Similarly, it is unclear how this new order affects those currently in the United States who hold valid status in one of the affected categories; such individuals should not travel outside the United States until clarification in issued regarding their ability to re-enter the US.

The Proclamation does not limit or suspend the approval of H-1B or L-1 petitions, including those filed with a change or extension of status with United States Citizenship and Immigration Services (USCIS). However, while petitions may be approved by USCIS, affected beneficiaries will not be issued visas or able to enter the United States in H-1B or L-1 status until the expiry or rescission of the Proclamation.

COVID-19 travel ban
This latest Proclamation does not supersede the country and regional bans on entry related to COVID-19. Individuals may not enter the United States if they have been in banned country within a prior 14-day period. These countries include China, Brazil Iran, the Republic of Ireland, the United Kingdom, and countries within the Schengen Area.

The COVID-19 travel bans are in effect until lifted, and accordingly may continue after December 31, 2020 or they may be individually lifted as COVID-19 country conditions improve. As a result, the Proclamation may not have a significant impact on the travel plans of individuals seeking entry to the United States from the countries affected by the COVID-19 travel ban.

Who is exempt from the Executive Order?
As mentioned above, the order excludes from entry to the U.S. those who are outside the US on June 24, 2020 and who do not have a valid visa.  Those currently in the United States are not affected by the Proclamation. Additionally, the Proclamation exempts:

• Lawful Permanent Residents of the United States (green card holders);
• Spouses and children of US citizens;
• Those who hold valid Advanced Parole; and
• Those seeking temporary entry to the US to provide services essential to the food supply chain.

Further, the order provides for exceptions to those individuals working in the fields of defence, law enforcement, diplomacy, national security, medical care and research, and those deemed necessary for economic recovery.

Additional resources
For additional guidance on other COVID-19 US immigration issues, please see our comprehensive FAQs.

Get in touch
For any UK or US immigration queries following the COVID-19 outbreak, or further information on recent and forthcoming changes to UK and US immigration law, contact your assigned LDA lawyer or email enquiries@lauradevine.com.