Which visa categories are affected by the proclamation?
The proclamation suspends the entry of workers in the following visa categories:
- H-1B specialty occupation workers
- L-1 intracompany transferees
- H-2B seasonal workers
- J exchange visitors (certain categories)
- dependents of those in the categories above
Which visa categories are not affected by the proclamation?
Visa categories not named in the proclamation include
- B-1/B-2 visitors
- E-1 and E-2 treaty workers
- E-3 professionals
- F-1 and M-1 students
- H-3 trainees
- O aliens of extraordinary ability
- P athletes and entertainers
- Q cultural exchange workers
- TN professionals from Canada or Mexico
Based on the language, it appears that Canadian citizens will not be subject to the proclamation but…
Whose entry into the United States is suspended for the duration of this bar?
Under the new proclamation, a worker in any of the affected classifications may not enter the United States during the effective period of the proclamation if he or she meets all of the following conditions on June 24, 2020:
- is outside the United States
- does not have a valid nonimmigrant visa stamp
- does not have another valid travel document, such as an advance parole or transportation letter, that permits him or her to travel to the United States
Therefore, the proclamation does not apply to H-1B, L-1, H-2B or J-1 workers who were in the U.S. on June 24; who already hold a valid nonimmigrant visa stamp; or who hold another valid travel document that permits them to enter the U.S. For example, an H-1B worker who currently holds a valid H-1B visa stamp in the passport will be able to return from travel abroad during the validity period of the proclamation.
Are there any exemptions from the affected categories in the proclamation whose entry is not suspended?
Yes, the proclamation specifically exempts the following categories who may continue to enter the United States:
- lawful permanent residents of the United States
- spouses and children of U.S. citizens
- workers seeking to enter the U.S. to provide services essential to the U.S. food supply chain
- workers whose entry would be “in the national interest” as determined by the Department of State or Department of Homeland Security
What is a worker whose entry would be exempt as being “in the national interest”?
The proclamation provides that the agencies shall establish standards to define which categories of foreign nationals qualify for the national interest exemption, including those who are
- critical to the defense, law enforcement, diplomacy or national security of the United States,
- involved in medical care or medical research related to the COVID-19 pandemic or
- necessary to facilitate the economic recovery of the United States.
What is the validity period of the temporary suspension?
The proclamation is in effect from June 24 to December 31, 2020, and may be continued “as necessary.”
For more information on the practical implications of the proclamation on your company’s workforce, please join us for a webinar titled, "The June 22 Presidential Proclamation Suspending Entry Under H-1B, L-1 and Other Work Visas – Overview of Impact and Best Practices for Planning," on Thursday, June 25 at 1:30 p.m. CT.
