New Proclamation Suspending Certain H-1B (and other) Entries

**UPDATE** On February 24, 2021, President Biden rescinded Presidential Proclamation 10014 (issued in April 2020), which suspend entry of certain immigrant  visa applicants. HOWEVER, please note that Presidential Proclamation 10052, which suspended the entry of certain nonimmigrant visa applicants through March 31, 2021, is still in effect.

 

**UPDATE** On December 31, 2020, President Trump extended this particular travel ban (along with one banning certain immigrants from entering the U.S.) until March 31, 2021. None of the terms, conditions or exemptions to the bans were changed. This ban has not been rescinded by the new Biden Administration, and it is unclear whether any action will be taken on or before March 31.

 

**June 22, 2020**

A new Presidential Proclamation was issued that will suspend the entry into the U.S. of new H-1B, H-2B, L-1 and certain J-1 nonimmigrants into the U.S., along with their dependent spouses and children. This ban will go into effect at 12:01 am on June 24, and last until at least December 31, 2020.

Who IS subject to this ban?

The following groups of people are subject to this ban, IF they are outside of the U.S. as of June 24, do not already have a valid visa stamp (in any of the classifications specified above and pursuant to which the person is seeking entry) in their passports, or already have a valid advance parole or other travel document:

  • H-1B and H-2B nonimmigrants and their dependent spouses and children
  • L-1A and L-1B intracompany transferees and their dependents
  • J-1 interns, trainees, teachers, camp counselors, au pairs and Summer Work Travel participants

Who is NOT subject to this ban?

  • People already physically present in the U.S. on the effective date of this proclamation, including those with pending H-1B change of status petitions or current, valid H-1B status
  • People outside of the U.S. who already have a valid nonimmigrant visa stamp (in any of the classifications specified above and pursuant to which the person is seeking entry) in their passports or other U.S. travel documents, such as an advance parole
  • U.S. permanent residents
  • Spouses or children of U.S. citizens
  • J-1 exchange program participants OTHER THAN interns, trainees, teachers, camp counselors, au pairs and Summer Work Travel participants
  • Foreign nationals entering to provide temporary labor or services essential to the U.S. food supply chain
  • Asylees

Please note that the other COVID-19 related travel bans are still in effect, so even if this new proclamation does not restrict someone’s ability to seek to enter the U.S., one of the other travel bans (related to people being physically present in China, Iran, the Schengen area in Europe, the U.K., Ireland and Brazil within 14 days immediately preceding their attempted entry into the U.S.) might still apply and prevent entry. Additionally, U.S. officials have the right to screen all arriving nonimmigrants for any health-related reasons (which might include a COVID-19 test before arrival), which could result in mandatory quarantine or other restrictions on entry.

Can people subject to this new ban apply for a waiver?

The proclamation does allow for consular officers overseas to have discretionary authority to consider, on a case-by-case basis, requests to waive this ban (and approve visa stamps) for foreign nationals whose entry:

  • Would be in the U.S. national interest
  • Would facilitate the immediate the continued U.S. economic recovery
  • Is related to clinical care or research related to the diagnosis, treatment and prevention of COVID-19
  • Is critical to the defense, law enforcement, diplomacy or national security of the U.S.
  • Are children who would “age out” of eligibility for a visa because of this proclamation, or the earlier proclamation related to immigrant entry

This proclamation also extends through December 31 the earlier ban on immigrant entry (those people seeking to enter the U.S. directly as permanent residents and NOT as nonimmigrants).

Please note that nothing in this proclamation directs USCIS to stop accepting or processing nonimmigrant petitions, including those for H-1B, H-2B, L-1 and certain J-1 nonimmigrants, so it is still possible for employers to file petitions for new status, extensions, amendments and changes of status for people already physically present in the U.S.

For more information, please see https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-aliens-present-risk-u-s-labor-market-following-coronavirus-outbreak/.