Proclamation Suspending Entry of Aliens Who Present a Risk to the US Labor Market (6/22/2020)

President Trump issued a proclamation on June 22, 2020, suspending entry to the US of foreign nationals in certain temporary visa categories.  The stated goal of the proclamation is to address current high unemployment rates for US workers during the COVID-19 pandemic. 

Following is our understanding of the Proclamation:

Persons affected by the Proclamation

The Proclamation bars H-1B, H-2B, L-1, and certain J-1 exchange visitors (and their dependent family members) who were outside the US on June 24 or prior from entering the US starting June 24, 2020 to December 31, 2020.  This period may be extended.

The only exception identified in the Proclamation is health care workers directly involved in COVID-19 issues.

LSU sponsors the H-1B and J-1 visa categories.

Persons NOT affected by the Proclamation

  1. J-1 exchange visitor categories for academic institutions, including short- and long-term scholars, and students.
  2. Anyone in the US on June 24, 2020
  3. Anyone with a valid visa stamp of these visa categories in their passport on June 24
  4. Anyone with a valid travel document on June 24, 2020
  5. green card holders (lawful Permanent Residents)
  6. Spouses or minor children of US citizens
  7. Anyone “whose entry would be in the national interest” as determined by the US Secretary of State or the Secretary of Homeland Security
  8. Canadian citizens

Persons are NOT affected by the proclamation if they are currently in the US seeking to change status to H-1B; to change H-1B employers; to extend H-1B status; or to continue to stay and continue employment in H-1B status. 

Persons who are outside the US are barred from entering the US in H-1B status until December 31, 2020 if they do not have an H-1B visa stamp in their passport valid on the effective date of June 24, 2020.  

New hires for these visa categories who are outside the US are impacted.

Travel by H-1B status holders is not recommended at this time.  The US Department of State is requesting guidance for this Proclamation and there has been indication they will not approve any H-1B visa applications (new or renewals) until they receive formal guidance.

J-1 categories for academic institutions are not impacted. At LSU, the J-1 status CANNOT be used for tenure track positions. 

OPT (Optional Practical Training for F-1 students) is not impacted by this Proclamation.

Resources

 

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