Fact Sheet- Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market

Facts Regarding the Presidential Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak

 

On June 22, President Trump signed a Proclamation which extends the previous Proclamation 10014 and suspends the entry of certain additional foreign nationals to the United States through December 31, 2020. The Department of State is committed to implementing this Proclamation in an orderly fashion in conjunction with the Department of Homeland Security and interagency partners, and in accordance with all applicable laws and regulations.

The full text of the proclamation can be found here: https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-aliens-present-risk-u-s-labor-market-following-coronavirus-outbreak

· Under the Proclamation, the Department of State temporarily will continue to not issue certain categories of immigrant visas (continuing PP10014), as well as not issue H-1B, H-2B, L, and certain J nonimmigrant visas, and their derivative visa categories for family members, apart from certain exceptions as laid out in the Proclamation itself. (Note: H-4 derivatives associated with H-2A and H-3 principal applications may still be issued.

· The Proclamation is not retroactive. No valid visas will be revoked under this Proclamation. Those with valid visas as of June 24 are not subject to the Proclamation. However, those whose visas expire and apply for renewal are subject to the proclamation. For questions regarding entry into the United States, we refer you to the Department of Homeland Security.

· The proclamation applies to the following J visas: interns, trainees, teachers, camp counselors, au pairs, participants in the summer work travel program, and anyone accompanying or following to join such travelers. For details on other categories of J visas, please refer to the text of the proclamation: https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-aliens-present-risk-u-s-labor-market-following-coronavirus-outbreak.

· Physicians applying for a J visa are not subject to the proclamation. Physicians who are seeking entry to the United States on an H1-B or L visa to provide medical care to individuals who have contracted COVID-19 and are currently hospitalized; or who are involved in the provision of medical research at United States facilities to help the United States combat COVID-19 may be considered for a national interest exception per Section 3 (iv) of the Presidential Proclamation.

· This proclamation also includes exceptions for, among others: lawful permanent residents; immigrants seeking to enter as a healthcare professional; spouses, children, and prospective adoptive children of U.S. citizens; and certain Special Immigrant Visa applicants. You may find a full list of exceptions in the Proclamation itself: https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-aliens-present-risk-u-s-labor-market-following-coronavirus-outbreak.

· Current H1B, H2B, L, and J visa holders who are currently in the U.S. should direct questions about adjusting status or extending the authorized period of stay to U.S. Citizenship and Immigration Services.

· A visa holder currently lawfully admitted to the United States does not need to renew the visa in order to remain. However, should an alien depart the United States, they would need a valid visa to return. The Department of State will not be issuing H-1B, H-2B, L, or certain J visas, and their derivative visa categories for family members, during the effective period of

this proclamation unless an exception applies. (Note: H-4 derivatives associated with H-2A and H-3 principal applications may still be issued.)

· Refugees and their follow-to-join family members in the U.S. Refugee Admissions Program do not travel to the United States with immigrant visas. The Proclamation also does not limit the ability of an individual to seek asylum, refugee status, withholding of removal, or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, consistent with the laws of the United States.

· Due to precautions and limited resources related to the COVID-19 pandemic, routine visa processing at U.S. Embassies and Consulates worldwide remains suspended, though the Department is continually evaluating the presence of conditions necessary to resume. At this time, we do not have a set date to resume operations.