On June 22, 2020, exactly 60 days after the Presidential Proclamation suspending the entry of a specific group of Immigrants, Donald Trump, President of the United States of America, signed an executive order to extend the prior suspension and include certain nonimmigrant visa categories under the umbrella of prior suspension. The new proclamation extends the prior suspension through December 31, 2020. The new proclamation becomes effective at 12:01 a.m. eastern daylight time on June 24, 2020.
The justification of the White House behind passing this order is to protect Americans from competition from foreign workers during the coronavirus pandemic.
Below is our analysis of the executive order:
Who will be affected?
- Everyone who were previously affected by the old proclamation.
- H-1B or H-2B nonimmigrants and any alien (dependents) accompanying them or following to join them (dependents).
- L1 (Executives and Managers; Specialized Knowledge Workers)
- J1 (Intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any aliens accompanying them or following to join them (dependents)
The above stated nonimmigrant visa categories will be affected only if they don’t hold a valid visa (unexpired) on their passport, advance parole or other U.S. travel document (transportation letter, an appropriate boarding foil), on the date this proclamation became effective.
Who is exempted?
- Aliens who are already in the United States, such as FY-2021 CAP selected candidates applying for change of status, H-1B extensions, H-1B amendments, H-1B transfer, and L-1s.
- Aliens who hold a valid H-1B/J1/L1 or dependent nonimmigrant visas on their passport, official travel documents other than a visa, such as transportation letter, an appropriate boarding foil, or an advanced parole document.
- Any J-1’s in the following categories are exempt from this proclamation: College and University Students, Government Visitor, International Visitor, Physician, Professor, Research Scholar, Secondary School Student, Short-Term Scholar, Specialist.
- Alien seeking to enter the United States to provide temporary labor or services essential to the United States food supply chain.
- Alien whose entry would be in the national interest as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees. Such as aliens who are critical to the defense, law enforcement, diplomacy, or national security of the United States; are involved in providing medical care to individuals who have contracted COVID-19 and are currently hospitalized; are involved with the with the provision of medical research at United States facilities to help the United States combat COVID-19; or are necessary to facilitate the immediate and continued economic recovery of the United States. Also, Secretary of State and the Secretary of Homeland Security shall exercise authority to exempt alien children who would as a result of this suspension age out of eligibility for a visa.
- Lawful permanent residents of the United States.
- Alien who is the spouse or child of a United States Citizen.
- As stated in our last blog relating to the old presidential proclamation, this proclamation does not impact the filing or processing of applications for adjustment of status to lawful permanent resident status (i.e. I-485), for the applicants who are already in the United States of America lawfully. Also, the filing of the immigrant visa applications for those who are outside of the United States of America is not explicitly prohibited by this order; therefore, we believe that the applications can still be filed, just that it will not be approved until the suspension ends.
- This proclamation also does not affect anyone who were previously exempted in the old proclamation suspending entry of certain group of immigrants.
When will the order terminate?
- This proclamation shall expire on December 31, 2020 and may be continued as necessary.
What are the future implications of this order?
- Within 30 days of the effective date (June 24, 2020) of this proclamation and every 60 days thereafter while this proclamation is in effect, the Secretary of Homeland Security shall, in consultation with the Secretary of State and the Secretary of Labor, recommend any modifications as may be necessary.
- The proclamation directs the Secretary of Labor to consider promulgating regulations or take other appropriate action to ensure that the presence in the United States of aliens who have been admitted or otherwise provided benefit, or who are seeking admission or a benefit, pursuant to an EB-2, EB-3, and H-1B visas does not disadvantage United States.
- The proclamation also directs the Secretary of Homeland Security, to consider promulgating regulations or take other appropriate action regarding the efficient allocation of CAP subject H-1B Visas and ensuring that the presence in the United States of H-1B nonimmigrants does not disadvantage United States workers.
- Further, as per the statement released by the White House pursuant to this proclamation, the administration is planning to reform the H-1B immigration program, under which, the H-1B program will prioritize those workers who are offered the highest wage.
Please note, at present, all the United States Consulates abroad have suspended routine visa processing and are only providing emergency services.
Please refer to our latest article relating to the presidential proclamations. We will regularly update the blog section on our website as soon as any new information is available.
Latest Article on Presidential Proclamation:
- https://www.ahluwalialaw.com/covid-19-update-presidential-proclamation-suspending-entry-of-a-specific-group-of-immigrants-and-a-warning-for-non-immigrants/ (Date of Publication: April 24, 2020)
Disclaimer
This article aims to provide new information concerning recent Presidential proclamation and its effect on the Aliens. This article, under no circumstances, acts as legal advice; therefore, for any proclamation or any immigration questions, please contact your Attorney or the Ahluwalia Law Offices, P.C. (Team ALO).
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