SUMMARY OF THE TRUMP EXECUTIVE ORDER LIMITING
CERTAIN IMMIGRATION.
On June 20, 2020,
President Trump has issued a proclamation that suspends the entry of foreign
nationals on certain employment-based nonimmigrant visas into the United
States. This Proclamation also extends, effective immediately, Presidential
Proclamation 10014 issued on April 22, 2020 which suspended the entry of
certain immigrants into the United States.
The Proclamation
suspends the issuance of visas for those seeking entry pursuant to a(n):
·
H-1B
visa and any foreign national accompanying or following to join them;
·
H-2B
visa and any foreign national accompanying or following to join them;
·
J
visa, to the extent the foreign national is participating in an intern,
trainee, teacher, camp counselor, au pair, or summer work travel program, and
any foreign national accompanying or following to join them; and
·
L
visa, and any foreign national accompanying or following to join them.
The Proclamation
will only apply to an individual identified above if they are:
·
Outside
the United States on the effective date of the Proclamation; •
·
Do not
have a nonimmigrant visa that is valid on the effective date of the
Proclamation;
· Do not
have an official travel document other than a visa (such as a transportation
letter, boarding foil, or advance parole document), valid on the effective date
of the Proclamation or issued thereafter permitting the individual to be
admitted to the United States.
Exemptions:
The Proclamation will not apply to the following individuals:
· lawful
permanent residents;
· spouse or
child of a U.S. citizen; •
· any
individual seeking entry to provide temporary labor essential to the U.S. food
supply chain; •
· any
individual whose entry would be in the national interest as determined by the
Secretary of State, the Secretary of Homeland Security, or their respective
designees. For the purposes of determining who is covered under the “national
interest” exemption, the Proclamation directs the Secretaries of State, Labor,
and Homeland Security to determine standards for those to whom such an
exemption would be available, including any individuals who:
· are
critical to the defense, law enforcement, diplomacy, or national security of
the United States; •
· are
involved with the provision of medical care to individuals who have contracted
COVID-19 and are currently hospitalized; •
· are
involved with the provision of medical research at U.S. facilities to help the
United States combat COVID-19; •
· are
necessary to facilitate the immediate and continued economic recovery of the
United States; or •
· are
children who would age out of eligibility for a visa because of this
proclamation or Proclamation 10014.
Discretion: The consular officer
has discretion to determine if an individual is within one of the exempted
categories outlined above.
Asylum Seekers: Asylum seekers
are not included in the ban. The Proclamation states that it does not limit the
ability of individuals to apply for asylum, refugee status, withholding of
removal or protection under the Convention Against Torture.
