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June 22, 2020 Travel Ban: H-1B, H-2B, L, and Certain J Visas

On June 22, 2020, President Trump issued a Presidential Proclamation suspending entry into the United States of certain categories of nonimmigrants. The Proclamation is premised on protecting Americans from Covid-19 and protecting American jobs. This blog outlines who is and is not affected by the new travel ban.

Effective Date: June 24, 2020

Duration: Effective thru December 31, 2020. May be extended in 60-day increments.

What it does: Extends Proclamation 10014 of April 22, 2020 (barring certain immigrants), adds certain non-immigrants to the scope, and creates an exemption for children who would age-out of a visa.

Scope:

  • Non-Immigrant Visa Categories:
    • H-1B visa, H-2B visa, and H-1B/H-2B family members
    • J visa intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and their family members
    • L visa and their family members
  • Immigrant Visa Categories:
    • Parents of United States citizens (USCs)
    • All family-based preference categories (e.g., spouses/children (of all ages) of Lawful Permanent Residents (LPRs), siblings of USCs, sons daughters (21+ and/or married) of USCs
    • All employment-based preference categories, except EB-5 and others who qualify for an exception (nurses, doctors, military, etc)
  • Entry restriction applies only to individuals in the above categories who:
    • Were outside the United States on the effective date of the proclamation;
    • Did not have a nonimmigrant visa that is valid on the effective date of the proclamation; and
    • Do not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of the proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission.

Exceptions:

  • Those inside the United States on the effective date of the proclamation;
  • Those with a nonimmigrant visa that is valid on the effective date of the proclamation;
  • Those with an official document other than a visa (such as a transportation letter, boarding foil, or an advance parole document) valid on the effective date of the proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission;
  • Lawful permanent residents of the United States (green card holders);
  • Spouses and children of U.S. citizens;
  • Children who would as a result of the suspension age out of eligibility for a visa;
  • Individuals seeking to enter the United States to provide temporary labor or essential to the United States food supply chain; and
  • Anyone whose entry would be in the national interest as determined by the Departments of Homeland Security and State. The proclamation directs agencies to set standards for who is covered under “national interest” and includes reasons that include defense, law enforcement, diplomacy, national security, medical care in connection with COVID-19, and for those engaged in economic recovery.

Not Affected:

  • Spouses of US citizens (USCs)
  • Children and stepchildren of USCs (must be <21 and unmarried)
  • Current Lawful Permanent Residents (LPRs)
  • EB-5 beneficiaries
  • Refugees/asylees
  • Some other classes of people – military, nurses, doctors, medical researchers and their spouses/children
  • Current H, J, or L visa holders inside the United States
  • J visa holders seeking admission as a student or scholar

If my case is affected, is there anything I or DFVPA can do?

  • Continue to work to obtain and submit documents necessary for processing your visa. The Order and Proclamation only suspend US entry, not the regular processing or issuance of visas.
  • Stay calm. The ban is only temporary and will eventually end. Also, your case (and ability to travel) was likely stalled already due to Covid-19.
  • Furthermore, the Order and Proclamation may be enjoined by a federal court in the near future. There are already several lawsuits in federal court seeking remedy for various categories of individuals affected by the travel ban.

If you are still not sure if your case is affected, feel free to contact DFVPA. Because we anticipate a large number of calls/emails relating to the travel ban, please understand we will get back to you as soon as we can.

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