Lastnight, President Trump updated and expanded his AprilPresidential Proclamation that had banned legal immigrant visas for 60days.  Last night’s ban extends the Aprillegal immigration ban through December 31, 2020 and adds many temporaryemployment-based nonimmigrant visas, including H-1Bs, L-1s, J-1s, andH-2Bs. 

Itseems certain that the President will be sued and so any information containedhere is subject to the outcome of the lawsuits.

Theban effects many types of employment-based immigration, such as:
GreenCards (Immigrant visas) Consular Processing. 
AllConsular Processing green cards continue to be banned, as they have been sinceApril.  There are a few exceptions:
  • PermanentResidents of the US;
  • Healthcareworkers and their immediate family members (including those family memberstraveling with the healthcare worker and those family members coming to the USat a later date);
  • Otherindividuals coming to the US to perform work essential to combating, recoveringfrom, or alleviating the effects of Covid-19 and their immediate family members(including those family members traveling with the healthcare worker and thosefamily members coming to the US at a later date).
  • Spousesand children of US Citizens;
  • EB-5investors;
  • Individualswho are entering to assist law enforcement or who are members of the US ArmedForces;
  • SpecialImmigrants in the SI or SQ Class and their family members; and
  • Anyperson whose entry is in the national interest of the US as determine by theSecretary of State or Secretary of Homeland Security.

GreenCards (Immigrant visas) Adjustment of Status
Noeffect whatsoever.  Many Adjustment ofStatus interviews, of course, have been delayed because of COVID-19, althoughwe have seen that the USCIS is approving some employment based green cardswithout an actual visa interview.
H-1B,L-1, J-1, and H-2B visas
  • Beneficiariesapproved for H-1B and L-1s will not be allowed to enter the US unless theycurrently have a valid visa stamp, even if they have an approved I-797.
  • H-1Band L-1 visa stamps cannot be granted at embassies or consulates unless theH-1B or L-1 is for one of the exemption categories below. 
  • Ifyou have an H-1B or L-1 approval and you are in the US, you should not traveloutside the US unless you already have a valid H-1B visa stamp in your passportand you intend to return to the US prior to the expiration of that visa stamp.
  • H-1Band L-1 amendments, extensions, and transfers continue to be permissible.
  • H-1Bcap petitions that are based on a change of status (e.g. F-1 to H-1B) should beapproved with a new I-94 card for the H-1B status.  The ban does not prohibit or effect thechange of status, however, individuals changing status to H-1B should not leavethe US after October 1 as they will not be able to return without a valid H-1Bvisa stamp.  
  • Similarprohibitions apply to J-1 and H-2B visas, although the J-1 visa ban is limitedto interns, trainees, teachers, camp counselors, au pairs, and summer workprograms.  Other J-1s may obtain visasand enter the US.
  • Theban also applies to the H-4, L-2, J-2 dependent classifications.  Spouses and children in the US as dependentsshould not travel abroad unless each family member has a valid visa stamp in theirpassport.  Dependents who are currentlyabroad will not be allowed to enter the US unless they currently have a validvisa stamp.

Exemptionsto the H-1B, L-1, J-1, and H-2B nonimmigrant visa ban
Thevisa ban does not apply to:
  • anylawful permanent resident of the United States;
  • anyalien who is the spouse or child of a United States citizen;
  • anyalien seeking to enter the United States to provide temporary labor or servicesessential to the United States food supply chain; and
  • anyalien whose entry would be in the national interest as determined by theSecretary of State or the Secretary of Homeland Security.

NationalInterest Entry Requests
TheProclamation allows for exemptions to the nonimmigrant visa ban if the Beneficiaryis one of several categories deemed by DOS or DHS to be “in the nationalinterest”.  It is expected that the DOS andDHS will issue details about these exemptions and the process to request anexemption.  The Proclamation’s namedcategories include those who:
  • arecritical to the defense, law enforcement, diplomacy, or national security ofthe United States;
  • areinvolved with the provision of medical care to individuals who have contractedCOVID-19 and are currently hospitalized;
  • areinvolved with the provision of medical research at United States facilities tohelp the United States combat COVID-19;
  • arenecessary to facilitate the immediate and continued economic recovery of theUnited States; or
  • are children whowould age out of eligibility for a visa as a result of the visa ban.