On June 22, 2020, President Trump issued a proclamation continuing April’s order and limiting the entry, with some exceptions, of individuals seeking entry on certain employment-based visas. The order, which will last until at least the end of the year, will suspend H-1B visas for those in specialized field such as IT and engineering, H-2B visas for non-agricultural seasonal workers, cultural exchange J visas, and L visas for companies relocating employees to the U.S., including individuals accompanying or following to join individuals on these visas.
The proclamation suspends the entry of any individual seeking to enter the U.S. as an immigrant who:
- is outside the United States on the effective date of the proclamation;
- does not have an immigrant visa that is valid on the effective date of the proclamation; and
- does 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 travel to the United States to seek entry or admission.
Routine visa services at U.S. consulates were suspended by the U.S. Department of State in March 2020.
Exemptions
The proclamation does not impose restrictions on:
- Lawful permanent residents (LPR);
- Spouses of U.S. citizens;
- Children under 21 of U.S. citizens, or prospective adoptees seeking to enter the United States pursuant to the IR-4 or IH-4 visa;
- Prospective H-2B visa holders looking to work in the food processing industry; and
- Individuals whose entry would be in the national interest (as determined by the Secretaries of State and DHS, or their respective designees).
Other Key Points of the Proclamation
The proclamation expires December 31, 2020 but may be continued.
The consular officer has discretion to determine if an individual is within one of the exempted categories. The Secretary of State shall implement this proclamation as it applies to visas pursuant to such procedures as the Secretary of State, in consultation with the Secretary of Homeland Security and the Secretary of Labor, may establish in the Secretary of State’s discretion. The Secretary of Homeland Security shall implement this proclamation as it applies to the entry of aliens pursuant to such procedures as the Secretary of Homeland Security, in consultation with the Secretary of State, may establish in the Secretary of Homeland Security’s discretion.
Individuals who attempt to evade the proclamation through fraud, willful misrepresentation, or illegal entry will be prioritized for removal from the U.S.