Client Alert: President Trump Proclamation Suspending the Visa Entry of Certain Immigrants and Non-immigrants

President Trump on June 22, 2020, signed a Proclamation suspending the entry of certain immigrants and non-immigrants which took effect at 12:01 a.m. eastern daylight time on June 24, 2020.

• United States businesses and their workers have faced extensive disruptions because of the Corona-virus (Covid-19).
• The overall unemployment rate in the United States nearly quadrupled, extreme unemployment, millions of Americans remain out of work.
• The considerations present in Proclamation 10014 remain.
• Pursuant to Proclamation 10014, the Secretary of Labor and the Secretary of Homeland Security reviewed non-immigrant programs and found that the present admission of workers within several non-immigrant visa categories also poses a risk of displacing and disadvantaging United States workers during the current recovery.
• Temporary workers are often accompanied by their spouses and children, many of whom also compete against American workers. During the COVID-19 outbreak, certain non-immigrant visa programs authorizing such employment pose an unusual threat to the employment of American workers. The entry of additional workers through the H-1B, H-2B, J, and L non-immigrant visa programs, therefore, presents a significant threat.
• As the U.S. needs additional months to restore stable labor demand. I have determined that the entry, through December 31, 2020, of certain aliens as immigrants and non-immigrants would be detrimental to the interests of the United States.

• Continuation of Proclamation 10014 to December 31, 2020, and thereafter with modifications as may be necessary.

• Suspension and Limitation on Entry. Any alien seeking entry pursuant to any of the following non-immigrant and immigrant visas is hereby suspended and limited, subject to section 3 of this proclamation:
  • An H-1B or H-2B visa
  • A J visa
  • An L visa, and any alien accompanying or following to join such alien
  • Suspension of the following immigrant visas: EB-2 (new), EB-3 (new), and all immigrant visas except EB-5 and spouses and children of U.S. citizens.
• Pursuant to section 2 shall apply only to any alien who:
  • Is outside the United States on the effective date of this proclamation.
  • Does not have a non-immigrant or immigrant visa that is valid on the effective date of this proclamation; and
  • Does not have an official travel document
• The suspension and limitation on entry pursuant to section 2 of this proclamation shall not apply to:
  • Any lawful permanent resident of the United States.
  • Any alien who is the spouse or child, of a United States citizen.
  • Any alien seeking to enter the United States to provide temporary labor or services essential to the United States food supply chain; and
  • Any alien whose entry would be in the national interest
• The Secretary of State, the Secretary of Labor, and the Secretary of Homeland Security shall establish standards to define categories of aliens covered by section 3(b)(iv) of this proclamation, that are critical to the defense, or national security of the United States; e.g. medical care to individuals who have contracted COVID-19, provision of medical research at United States facilities to help the United States combat COVID-19.
• This proclamation shall expire on December 31, 2020, and maybe continued, as necessary. shall, in consultation with the Secretary of State and the Secretary of Labor, recommend any modifications as may be necessary.
• Effective Date: June 24, 2020.

  

Sincerely,

 

Edward Beshara, Managing Partner

And the Beshara PA Global Migration Law Firm Team