President Amends Proclamation Suspending Entry of H-1B, L-1, H-2B and J-1 Visa Holders

Category: COVID-19 Legal Resource Guide
Date: June 30, 2020
Title: President Amends Proclamation Suspending Entry of H-1B, L-1, H-2B and J-1 Visa Holders

Yesterday, President Donald Trump signed a presidential proclamation amending his June 22 proclamation (please see our June 22 client alert for a summary of the original proclamation), which suspended the entry to the United States of H-1B, L-1, H-2B and J-1 visa holders and their dependents (H-4s, J-2s and L-2s). The original June 22 proclamation exempted from the entry ban an individual who had any visa (including, for instance, an F-1 visa (student), B-2 visa (tourist) or B-1 visa (business visitor)) valid on June 24. Yesterday’s amendment reverses course and clarifies that only individuals who have H, L or J visas valid on June 24 are exempt, closing a loophole that exempted individuals with valid visas (not in the H, L or J categories) who were outside the United States on June 24.

The amendment does not change the rule that individuals physically present in the U.S. on June 24 are exempt from the ban. For example, F-1 students with H-1B petition approvals who are physically present in the United States on June 24 and who travel abroad this fall should be able to reenter the U.S. after obtaining H-1B visas abroad (once U.S. consulates reopen).

If you have any questions about these proclamations, please contact any one of the lawyers in our Business Immigration Group.