New Proclamation Formalizes Temporary Ban on Entry for Nonimmigrants Seeking to Enter on H-1B, H-2B, L-1, and J-1 Visas

On June 22, 2020, and citing economic recovery needs and unemployment due to the pandemic, President Trump issued “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak,” outlining expected new temporary restrictions on H-1B, H-2B, J-1, and L-1 nonimmigrant worker visas, which are among the most popular temporary U.S. worker visas. Section 1 of the proclamation takes effect immediately (continuation of bar on certain immigrant visa entry) and the remainder (containing new restrictions on nonimmigrant workers), takes effect on June 24, 2020 (12:01 a.m.). The new proclamation will expire on December 31, 2020, and may be continued as necessary.

The proclamation comes on the heels of Proclamation 10014 of April 22, 2020 (“Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak”), which suspended the entry of aliens on immigrant visas, subject to certain exceptions, for a period of sixty (60) days. The June 22, 2020 proclamation continues and amends Proclamation 10014 to incorporate new restrictions on the entry of nonimmigrant temporary visa holders, including those with H-1B, H-2B, J-1, and L-1 visas, subject to certain exemptions.

 

By Jorge Lopez and Elizabeth Whiting via Littler

 

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