Updates on Executive Orders Banning Certain Immigrants & Nonimmigrants

Updates on Executive Orders Banning Certain Immigrants & Nonimmigrants

April 22nd Executive Order Updated on June 22nd, 2020

Initially, Trump issued an Executive Order on April 22, 2020, entitled “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak” which barred certain immigrants, mainly employment-based immigrant but also spouses and siblings of US citizens for 60 days. Section 6 of the Proclamation also indicated that the Trump administration would take advice from the various agencies on whether to bar nonimmigrant workers.

On June 22nd, 2020, Trump issued a revised executive order that affects individuals who are outside the U.S. on or after the date of the order who are seeking lawful permanent residence (generally based on employment). Additionally, nonimmigrant visa issuance for H-1B Professional Workers, certain H-2B, H-4, L-1A and L-1B Intra-Company Transferees, L-2 and certain J-1 visa holders is suspended through at least December 31, 2020. The order does not apply to individuals already in the U.S. under these visa categories or those seeking a change in status to one of these visa categories from the US Citizenship & Immigration Services.

The order does not apply to E-1 Treaty Traders, E-2 Treat Investors, I Media Workers, F-1 Students, O-1A, O-1B, P-1, and R-1 Religious Worker visas, amongst others.   In addition, those with US citizen spouses or minor children may be granted immigrant or nonimmigrant visas. Although, as of the date of this posting, US embassies and consulates around the globe are still closed due to COVID-19 so no visas are being issued at this time.

Proclamation—Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus from UK, Ireland, Schengen zone, China, Iran and Brazil – Updates as of 22nd May 2020 and 16th July 2020

The most recent proclamation does not change the on-going proclamation that bars those who are in certain countries 14 days prior to their entry to the US. There is no expiry date for this travel ban and will be lifted only when Trump decides to withdraw the ban.

There are exemptions to this ban including spouses of US citizens or those who have US citizen children under the age of 21. There are also national interest exemptions to COVID-19 Proclamation for those who need to travel to the US for urgent humanitarian reasons or if their travel falls within the US national interest. In particular, national interest exemptions apply to certain business travelers, investors, treaty traders and professional athletes.

Please note, this is general information and as the situation is always changing, please contact our office via email at info@flynnhodkinson.com for specific advice.