UPDATE JANUARY 6, 2021: In late December 2020, President Trump extended the bans for certain employment-based work visas and Green Cards for those abroad through March 31, 2021.
UPDATE JULY 2, 2020: President Trump issued an amendment to the proclamation he signed last month. The original proclamation states that if a foreign national has a valid nonimmigrant visa as of June 24, 2020, the restrictions in the proclamation do not apply. The amendment states that foreign nationals must have a valid H-1B, H-2B, J, or L visa effective as of June 24, 2020, and must be trying to enter the US in that category for the proclamation’s restrictions to not apply. We have updated the below post to reflect the amendment.
President Trump issued a proclamation on June 22, 2020, temporarily suspending certain employment-based work visas for those outside the United States through December 31, 2020. This order, which does not affect foreign national workers already in the US in any category, could effectively bar hundreds of thousands of foreign nationals from coming to work in the US. President Trump claims his actions are necessary to protect US jobs amid the economic downturn caused by the coronavirus pandemic.
The proclamation extends President Trump’s previous order issued April 22, 2020, temporarily suspending Green Card issuance for certain groups of people outside the US though December 31, 2020, and additionally blocks entry into the US for H-1B highly-skilled workers, H-2B nonagricultural workers, J-1 exchange visitors including interns, trainees, teachers, camp counselors, and au pairs, L international intracompany transfers, and all their dependents.
The restrictions in the proclamation only apply to those who: 1) Are outside the United States on the effective date of this proclamation; or 2) Do not have an H-1B, H-2B, L, or J visa stamp valid as of June 24, 2020 and are seeking to enter the US in one of these categories; or 3) Do not have an official travel document other than a visa (including a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of this proclamation or issued on any date thereafter that permits them to travel to the US and seek entry or admission.
The proclamation does not apply to other visa categories not listed, such as O-1, P-1, or F. Nor does it apply to US citizens (or their spouses or children) or those in the US who have a Green Card application pending and or who intend to be file a Green Card application in the US. Exceptions to the order also include Lawful Permanent Residents and their spouses and children, workers essential for the US food supply chain, health care professionals combating or conducting medical research on the coronavirus (COVID-19), or those in the national interest as determined by the Secretary of State or the Secretary of Homeland Security including for reasons related to defense, law enforcement, diplomacy, or national security of the US, or who are necessary to facilitate the immediate and continued economic recovery of the US.
It is important to note that this proclamation adds restrictions to those already in place: most US Embassies/Consulates around the world are still closed and not issuing visas at all, while travel from Europe, Iran, Brazil, and China is currently restricted regardless of nonimmigrant visa category because of the risk of COVID-19 transmission.
Major business groups have criticized the order, and tech officials warned that immigration restrictions could force companies to relocate operations overseas to hire and retain top talent. “The technology industry is working overtime to keep Americans connected during a global pandemic by providing food delivery services, telehealth care, collaborative business solutions, and ways for families and friends to stay connected,” Linda Moore, the president and chief executive of a leading tech industry lobbying group, told TechCrunch in a statement. “Today’s executive order only hinders the ability of businesses to make decisions on how best to deploy their existing workforce and hire new employees. This will slow innovation and undermine the work the technology industry is doing to help our country recover from unprecedented events.”