On June 22, 2020, the President issued a Proclamation (Proc. 10052) which suspended the entry of certain H-1B, H-2B, J-1 and L-1 nonimmigrants and their dependents until December 31, 2020 who present a risk to the U.S. labor market due to the COVID-19 pandemic. To review our client advisory based on the original Proclamation, please click on this (link).
In a new Proclamation issued on June 29, 2020 (Proc. 10054), the White House amended the prior Proclamation to clarify that only individuals with H-1B, H-2B, L-1, or J-1 visas which are valid on June 24, 2020 pursuant to which they are seeking to enter the U.S. are exempt from the Proclamation. For example, an individual who is outside the U.S. and wishes to seek admission in H-1B classification but does not have an H-1B visa valid as of June 24, 2020, would be subject to the Proclamation. In addition, an L-1 visa holder who is presently in the United States with a valid visa but seeks a renewal of the visa at an Embassy or Consulate abroad, will also be subject to the Proclamation if they will not be entering on a visa which was issued as of June 24, 2020. However, an L-1 visa holder who is currently in the U.S. and wishes to travel internationally may be able to do so if they will be returning to the U.S. on a visa which was issued prior to June 24, 2020, is unexpired and assuming that they are not subject to any of the travel bans between the U.S. and certain countries due to the Coronavirus.
Please note that the original Proclamation cites the following categories of individuals who are exempt from the travel ban:
- Individuals seeking to enter the U.S. to provide labor or services essential to the U.S. food supply chain; and
- Any individual whose entry would be in the national interest as determined by the U.S. Department of State or U.S. Department of Homeland Security.
If these exceptions do not apply to you, please keep in mind that if you choose to travel internationally without a valid H-1B, H-2B, L-1, or certain J-1 visas, you may be unable to return to the U.S. until December 31, 2020 or later, if the Proclamation is extended.
As additional guidance is released from the federal government, this Alert will be updated.
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