Possible Executive Order Suspending Entry of Nonimmigrants, including H-1B, H-2B, L-1 and J-1

Through our colleagues at the American Immigration Lawyers Association (AILA), we have learned of a possible extension and expansion of President Trump’s April 22, 2020 Presidential Proclamation 10014, “Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak.”

On April 22, 2020, President Trump issued a Presidential Proclamation suspending the issuance of immigrant visas for certain categories of intending immigrants (lawful permanent residents or LPRs) to the United States. The Proclamation temporarily suspended the issuance of certain immigrant visas for a period of at least 60 days.

Over the coming days, the Trump Administration will review the April 22, 2020 Proclamation and determine whether to extend the order beyond June 22, 2020. For more details on this order, please review our blog post HERE.

Importantly, through various reliable sources, it appears that the Trump Administration is planning to expand this order to certain categories of nonimmigrants, including H-1B, H-2B, L-1 and J-1.

Again, while no details have been formalized or confirmed, we anticipate that the expanded order will temporarily bar the entry of:

– H-1B workers (including individuals with cap-subject H-1B visas authorizing a start date of October 1, 2020),
– H-2B workers,
– L-1 intra-corporate transfers, and
– J-1 cultural exchange visitors (including, but not limited to: summer work travel (SWT), camp counselor, intern and trainee programs).

The order could be issued as soon as June 15, 2020 and could be in effect for 90 – 180 days.

The order will likely include exceptions for health care workers and food-supply workers.

In light of the potential significant impact on nonimmigrants’ ability to enter the United States, we strongly recommend all individuals holding valid H-1B, H-2B, L-1 and J-1 visas who are outside the United States to return to the United States immediately.

We also recommend that H-1B, H-2B, L-1 and J-1 visa holders who are currently in the United States delay any foreign travel plan indefinitely.

If you have any questions regarding this or other U.S. immigration matters, please contact Kolko & Casey, P.C.