June 30, 2020
Proclamation Suspending Entry of Aliens Who Present A Risk to the U.S. Labor Market Following the Coronavirus Outbreak
On April 22, 2020, President Trump issued Presidential Proclamation 10014 that suspends entry of certain new immigrants who do not yet already have an approved immigrant visa. A previous proclamation issued on the 22nd of June, 2020, extended the immigrant visa proclamation through December 31, 2020. This proclamation does not apply to persons with non-immigrant visas or other travel documents valid prior to June 24, 2020.
The new order does not apply to immigrants that work in agriculture or services essential to the United States food supply chain or the H-2A temporary visa program. This order only applies to those immigrants who are planning to enter the United States with the following visas:
H-1B
H-2B
L-1
J-1(to the extent the immigrant is participating in an intern, trainee, teacher, camp counselor, au pairs, or summer work travel program)
The suspension and limitation of this new order SHALL APPLY to any immigrant who:
Is outside the United States on the effective date of this proclamation: June 24, 2020, at 12:01 a.m. (EDT);
Does not have a non-immigrant visa that is valid on the effective date of this proclamation or issued thereafter;
Does not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advanced parole document), valid on the effective date of this proclamation or issued thereafter.
The suspension and limitation of this new order SHALL NOT APPLY to:
Any lawful permanent resident of the United States;
Any immigrant who is the spouse or child of a United States citizen;
Any immigrant who is seeking to enter the United States to provide temporary labor or services essential to the United States food supply chain; and
Any immigrant whose entry would be in the national interest as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.
Alert for EB-2, EB-3 and H-1B Applicants and Visa Holders
This new executive order states that the Secretaries of Labor and Homeland Security will consider passing regulations or taking other actions “to ensure that the presence of immigrants in the United States who have been admitted, or who are seeking admission or a benefit, pursuant to an EB-2 or EB-3 immigrant visa or an H-1B nonimmigrant visa does not disadvantage United States workers.”
What if I was recently issued an H, L, or J visa? Will the order impact me?
No. The order does not impact those who were issued a non-immigrant visa such as the H-1B, L1, or J-1 visa prior to June 24th.
I am in the United States and need to apply to renew my H, L, or J visa. Will the order impact me?
No. Applications to change or extend H, L, or J visa status filed with the United States Citizenship and Immigration Service (USCIS) are not subject to the executive order.
If you need more information or have any concerns, the Center for Migrant Rights, Inc. (el Centro de los Derechos del Migrante, CDM) can offer you free and confidential legal advice.
Toll-free from U.S.: 1-855-234-9699
Toll-free from Mexico: 01-800-590-1773
WhatsApp of CDM: +52 5540745344
email: [email protected]