President Trump has extended the ban on admitting certain immigrants and temporary workers to the United States from December 31, 2020, until March 31, 2021. According to his most recent Proclamation, the basis for the extension is the ongoing levels of high unemployment caused by the COVID-19 pandemic.  

Specifically, temporary workers seeking admission to the U.S. in the following categories along with their accompanying dependents who were outside the U.S. when the original ban took effect on June 24, 2020, and did not have valid visas at that time, will have to wait until March 31, 2021, to obtain a visa to enter the U.S.: 

1. H-1B for high skilled workers.

2. H-2B for seasonal non-agricultural workers

3. J-1 for interns, trainees, teachers, camp counselors, au pairs and summer work travel programs; and

4. L-1 for executives, managers and workers with specialized knowledge of international companies.  

There are limited exceptions for individuals who are seeking visas to resume employment with a current US employer or whose work is in the “national interest.”  

The admission of the following immigrants also has been prohibited until March 31, 2021: 

1. Parents of U.S. citizens.

2. Adult children of U.S. citizens.

3. Spouses and children (regardless of age) of lawful permanent residents.

4. Individuals selected in the annual green card lottery.

5. All employment-based immigrant visas, except EB-5 investor visas.

6. All other immigrant visas, unless specifically exempted.

Here, too, there are limited exceptions, which we elaborated on in our earlier blogpost on the original proclamation. 

Foreign national workers in H-1B, H-2B, J-1 and L-1 status and their accompanying dependents who are presently in the United States are not affected by the Proclamation.  Likewise, foreign nationals applying for permanent residence in the United States are not affected by the extended suspension of immigrant visa processing at US Consulates abroad.

Please note that this Proclamation, extending the ban on the admission of certain immigrants and temporary workers, is separate from the existing restrictions on travelers from Brazil, China, Iran, Ireland, the 26 countries of the Schengen Area and the United Kingdom, which continue to be in effect. 

While it is possible that President-elect Joe Biden will overturn this and the other country-based travel restrictions when he takes office, the new extension will undoubtedly cause further delays in visa processing.  We are hearing that US Consulates have been cancelling scheduled visa appointments and visa applicants who are not subject to the Proclamation have to provide evidence of their presence in the US when the original proclamation took effect on June 24. 

We will continue to monitor the situation and provide updates as soon as possible. 

This alert is for informational purposes only.  Please contact me if you would like to discuss this development further.