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  • Ashenberg Law Group

Suspension of Entry into the U.S for Immigrant & Employment-Based Nonimmigrant Visa Applicants

On June 22, 2020, President Trump issued a Proclamation to extend a previous Proclamation issued on April 22, 2020 that suspended immigration from abroad into the United States, effective immediately. This Proclamation also suspends entry for employment-based nonimmigrant visa applicants to enter the United States, effective June 24, 2020 at 12:01am EST.

The specific nonimmigrant visa categories included in this Proclamation include:

  • H-1B, H-2B and H-4 visas;

  • J-1 and J-2 visas (to the extent of participating as an intern, trainee, teacher, camp counselor, au pair, or summer work travel program); and

  • L-1 and L-2 visas.

Foreign nationals who are outside the United States, do not have a valid nonimmigrant work visa as of 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 advance parole document), will not be admitted into the United States with an employment-based nonimmigrant visa. The order does not apply to individuals already in the United States. The order will expire on December 31, 2020 but could potentially be extended.

This suspension and limitation on entry does not apply to:

  • Lawful permanent residents of the U.S.;

  • Any alien who is the spouse or child under 21 of a U.S. citizen;

  • Any alien applying for a visa to enter the U.S. pursuant to the EB-5 Immigrant Investor Program;

  • Any alien whose entry is to provide temporary labor or services essential to the U.S. food supply chain; and

  • 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 designee.

The Presidential Proclamation can be found here.

ALG is closely monitoring the implementation of this proclamation and will continue to keep you updated as more information becomes available. 

In case of emergency, please do not hesitate to contact us!

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