What Does the Recent Immigration Suspension Include?

6/24/2020.       What Does the Recent Immigration Suspension Include?

On 6/22/2020 the Trump administration issued a proclamation suspending the entry of individuals to the U.S. in certain nonimmigrant visas. This order comes as an expansion of the previous executive order from 04/22/2020 which suspended the entry of individuals traveling to the U.S. on immigrant visas.  

The 6/22/2020 suspension expands the suspension to several essential temporary work visa categories and will last through 12/31/2020, with the provision that it may be continued “as necessary”.  Additional recommendations and modifications may be released within 30 days of the order and every 60 days thereafter.

The scope of the 6/22/2020 order applies to the following nonimmigrant visa categories:

  • H-1B (specialty occupation) and their dependents;
  • H-2B (temporary non-agricultural workers and seasonal workers) and their dependents;
  • J-1 (cultural and educational exchange visitors) and their dependents, for J-1 programs for interns, trainees, teachers, camp counselors, au pairs, or summer work travel programs; and
  • L-1 (multinational intracompany transferees) and their dependents.

The suspension applies to those in the above categories and who:

  • Are outside the United States as of June 24, 2020;
  • Do not already have a valid visa effective on June 24, 2020; and
  • Do not have an official travel document other than a visa (such as an advance parole travel document).

The visa suspension does not apply to those individuals who are:

  • Lawful permanent residents of the United States (i.e., green card holders);
  • Spouses and children of U.S. citizens;
  • Applicants seeking to enter the United States to provide temporary labor or services essential to the U.S. food supply chain;
  • Any other applicant whose entry is deemed to be in the “national interest.” The order requires the Department of State and Department of Homeland Security to create criteria for what will be considered in the “national interest,” including those who are:
    • “critical to the defense, law enforcement, diplomacy, or national security of the United States;”
    • “involved with the provision of medical care to individuals who have contracted COVID-19 and are currently hospitalized;”
    • “involved with the provision of medical research at United States facilities to help . . . combat COVID-19;” or
    • “necessary to facilitate immediate and continued economic recovery of the United States.”

The 6/22/2020 order leaves many open questions and room for interpretation.  Further guidance is to be expected and should be released shortly. Contact Patel Law PLC, if you would like advice on whether this order affects your current immigration matter or business. 

Call (602) 266-2169 or visit us at www.azimmigration.com.