Dear Clients,
Yesterday, a Presidential Proclamation was issued suspending the entry of certain employment-based classes of aliens. Issuance of the following visas to individuals outside of the U.S. has been suspended:
- H-1B
- H-2B
- J visa, only for interns, trainees, teacher, camp counselors, au pairs, or summer work travel program
- L visa
Please note that
only individuals outside of the U.S. are affected by the Proclamation
. This suspension has no effect on any foreign individuals holding the abovementioned visas who are already inside the U.S. at the time of this Proclamation; they are permitted to continue working and residing in the U.S. according to the terms of their visa as before. This suspension also has no effect on the ability of individuals in the US to submit applications to extend or change their status to any visa or green card category.
Please also note:
- Individuals outside of the U.S. who currently hold valid U.S. visas are not affected by the Proclamation.
- Green card holders are also not affected by the Proclamation.
- Applications with the Department of Labor are not affected; individuals may continue to file Applications there and the Department of Labor will continue to normally process applications.
- The end date of the Suspension is December 31, 2020.
The previous suspensions on the issuance of green cards to individuals outside of the U.S. announced in April have been extended, along with the stated exceptions (EB-5 investors, healthcare workers and their immediate family members, spouses and children of U.S. citizens, etc.).
General Recommendations
If an individual has H-1B or L-1 status and is in the U.S., we advise that they do not travel outside of the U.S. unless they already have a valid visa stamp in their passport and intend to return to the U.S. prior to the expiration of that visa stamp.
The suspension also applies to the H-4, L-2, J-2 dependent spouse/child classifications. Spouses and children in the U.S. as dependents should not travel abroad unless each family member has a valid visa stamp in their passport. Dependents who are currently abroad will not be allowed to enter the U.S. unless they currently have a valid visa stamp.
This Proclamation has no effect on any individuals who have applied for a green card from within the U.S. (Adjustment of Status).
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If you have any questions or would like additional information, please contact John Assadi at jassadi@egsllp.com or the primary EGS attorney with whom you work.
