Siskind Summary – The Nonimmigrant Visa Travel Ban

Effective date – 12:01 am eastern time on June 24, 2020

Link – https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-aliens-present-risk-u-s-labor-market-following-coronavirus-outbreak/

Who is covered?

This is an expansion of the April 22, 2020, executive order barring the issuance of immigrant visas. That order is extended and a new exemption is created for children aging out who are at risk of not ever getting permanent residency. It also covers now several non-immigrant visa categories.

The order now expands to include a bar on issuing visas in the following non-immigrant categories –

  • H-1B and any dependents accompanying or following to join
  • H-2B and any dependents accompanying or following to join
  • J-1s in the following categories (and any dependents accompanying or following to join): au pairs, interns, trainees, teachers, camp counselors, summer work travel
  • L-1s and any dependents accompanying or following to join

Canadians appear to be exempt because they don’t apply for visas, though language is ambiguous.

The order only applies to people outside the US on the effective date of the Proclamation, those who lack a nonimmigrant visa that is valid on the effective date and those who lack a travel document. If any one of these are false, the order should not apply.

 

Exemptions

The order does not apply to people in four groups:

  • Lawful permanent residents
  • Spouses or children of US citizens
  • Anyone seeking entry to provide labor essential to the US food supply.
  • Anyone whose entry would be in the national interest

Regarding national interest exemptions, they include the following:

  • People critical to the defense, law enforcement, diplomacy or national security of the US
  • People providing medical care to patients who have contracted COVID-19 and are currently hospitalized
  • People involved in medical research at US facilities helping to fight COVID-19
  • People “necessary to facilitate the immediate and continued economic recovery of the US”
  • Any children who would age out of eligible for a visa because of this proclamation

Consular officers will make determinations of applicability of the ban and eligibility for an exemption.

People who seek to circumvent the Proclamation through fraud, willful misrepresentation or illegal entry will be subject to removal.

The order goes on to promise new regulations seeking to ensure EB-2 and EB-3 immigrants and H-1Bs do not limit opportunities for US workers.

The Department of Labor will undertake investigations of H-1B Labor Condition Application violations.

DHS may issue rules relating to the allocation of H-1B visas to priority the highest paid H-1Bs.

Bars issuing visas or granting admission without biometrics being complete.

 

 

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