July 02, 2020

President Trump Issues Amended Proclamation to Clarify Restrictions on certain H/L/J Entries

On June 29, 2020, President Trump issued an amendment to Proclamation 10052, suspending entry of certain H/L/J workers to the United States. This amendment notes that the limit on entry to the U.S. applies to any individual who does not have a valid nonimmigrant visa in the same category in which he or she is seeking entry to the United States. The proclamation now applies to individuals who:

  1. Were outside the U.S. on or after June 24, 2020;
  2. Did not, on June 24, 2020, have a valid nonimmigrant visa in the same category in which they seek to reenter the U.S.; and
  3. Did not have an official travel document other than a visa (such as Advance Parole) valid on June 24, 2020.

For example, if you were outside the U.S. on the Proclamation’s June 24, 2020 effective date and seek to re-enter the U.S. as an H-1B nonimmigrant, you must have had an H-1B visa stamp valid as of June 24, 2020.

As a reminder, the Proclamation does not apply to workers in H-1B, H-2B, L-1, or J-1 status who were inside the United States as of the effective date of June 24, 2020. Canadian citizens are also exempt from both the amendment as well as the original Proclamation because they are visa exempt. Please contact our office if you have any plans to depart the U.S. while the proclamation is in effect, to ensure that you are eligible to re-enter the U.S.

U.S. businesses continue to raise concerns that such a broad suspension of employment authorized categories will negatively affect the country’s ability to recover from the current economic crisis brought on by the pandemic. Please contact our office with any questions.

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