Presidential Executive Order Suspending Entry of Nonimmigrant Workers and their Dependents

On June 22, 2020, the President signed an Executive Order Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak extending his previous immigration ban (Proclamation 10014) effective immediately, and suspending entry of nonimmigrant workers and placing further immigration ban on the entry of certain nonimmigrant workers, effective at 12:01 AM EDT, June 24, 2020:

Outline of the major points to be taken from the Executive Order:

Scope of Limitations:

  • Limitations will each expire on December 31 2020, but may be extended as necessary.
  • Foreign Nationals subject to the previous and current executive orders must meet three criteria:
  1. Outside of the US on the Effective Date (June 24, 2020);
  2. Lack a valid immigrant or nonimmigrant visa on the Effective Date. The executive order does not apply to foreign nationals who are currently in the United States in H-1B, L-1, J-1, and H-2B status (and any stateside dependents); and
  3. Lack non-visa travel documents (such as a transportation letter, appropriate boarding foils, or an advance parole document) valid on the Effective Date or issued thereafter permitting travel and entry into the United States.

Nonimmigrant Visas Affected:

  • The Executive Order suspends entry into the US by aliens seeking entry pursuant to the following nonimmigrant visas: H-1B, H-2B, select J visas (specifically interns, trainees, teachers, camp counselors, au pairs, and summer work travelers), and L visas, and
  • Accordingly, entry by their dependents (H-4, J-2, and L-2 visas).

Exemptions to the Limitations:

  • Lawful permanent residents;
  • Aliens who are the spouses or children of citizens;
  • Aliens seeking entry to provide critical services essential to the food chain; and
  • Aliens who are important and critical to National Security or National Healthcare

 

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