There is growing concern that another Presidential Proclamation temporarily suspending immigration to the US may be released very soon, this time focusing on temporary visa-holders, such as H-1B, L-1, and J-1.  These concerns are based on the threats in Trump’s last proclamation dated April 22, 2020, which temporarily suspended immigrant visa processing from abroad.  Specifically, he stated that within 60 days he could expand the scope of his proclamation to include nonimmigrant visa processing.  Since then, new rumors have been circulating every week about what could be forthcoming. 

As we approach the end of  the 60-day window from the April 22, 2020 Proclamation, here’s the general consensus on what to expect:

1. A follow up proclamation will likely be issued by the end of June. 

2. It could have a longer validity period, such as 90 to 180 days. 

3. The target of this proclamation will be H-1B, H-2B, L-1 and J-1 visa holders, with various exemptions for COVID-19 related health-care workers, food supply exemptions, and employers who can show there are no US workers to fill the position. 

The purpose of this anticipated proclamation is to delay the processing of temporary employment visas, namely the H-1B, L-1 and J-1, so that employees who are abroad and waiting to obtain their visa will not be able to enter the United States for a specific period of time.  

While there is some fear that foreign nationals who already hold these visas could be denied admission upon return from international travel, the last proclamation specifically exempted those foreign nationals who already had a valid immigrant visa at the time of the order.  That said, if you have a temporary visa for work or study in the United States, we highly recommend you remain in the US and not travel internationally at this time.  For individuals on these visas who are currently outside the United States, returning to the US as soon as it is possible is recommended. 

The anticipated proclamation, like all previous orders, should not affect individuals in H-1B, L-1 or J-1 status in the United States and the processing of temporary employment-based petitions with USCIS.  While there are other rumors about the administration raising the prevailing wage requirements for H-1B classification and curtailing the STEM OPT program, these rumors have been around for the last three years since the President’s April 2017 Buy American, Hire American executive order.  The reality is that these changes are much harder to make happen under the rule of law than temporary suspensions of visa processing abroad by way of Presidential Proclamation.  

I know that we have been going through a lot the last few months with the global pandemic and the civil unrest in our country. I have been reluctant to unnecessarily create any concern or worry based on rapidly changing rumors.  And many of us have been looking forward to traveling abroad as restrictions ease.  But, based on the information I have so far, if you are on an H-1B, L-1, J-1, and even F-1 visa, I highly recommend you not travel internationally for the time being (too bad Hawaii is also closed to travelers- sigh).  If you are sheltering in place abroad and you are not in a restricted country, I recommend you try and return as soon as safely possible to avoid getting caught up in any confusion on how this anticipated Proclamation applies. 

We are monitoring the situation closely and will continue to share updates as soon as we have more information. 

Please note that this alert is for informational purposes. If you would like to discuss this further, please do not hesitate to contact me.