What Types of Visas will be Impacted by the June 22, 2020 Immigration Executive Order Restricting Foreign Work Visas?

What Types of Visas will…

On June 22, 2020 President Trump issued an Executive Order restricting foreign work visas. The President claims that foreign workers present a “significant threat to employment opportunities for Americans.” While the justifications of the order are debatable, the impact on thousands of people currently residing in the US on non-immigrant work visas, as well as their families, is undeniable.

The following types of visas will be affected by this Executive Order:

  • H-1B – Specialty Occupations and Fashion Models
  • H-2B – Non-Agricultural Workers
  • H-4 – Spouses and Children of H-1B and H-2B visa holders
  • J-1 – Exchange Visitor Program designed to promote the interchange of persons, knowledge, and skills, in the fields of education, arts, and science.
  • J-2 – Spouse and Children of a J-1 visa holder
  • L-1 – High-Level and specialized company employees
  • L-2 – Dependents of L-1 visa holders

How do I determine if the Proclamation applies to me?

If you hold one of the visa categories listed above the Proclamation applies to you if any of the following statements are true:
  1. You are outside of the US on June 24, 2020;
  2. You do not have a valid nonimmigrant visa from one of the suspended categories listed above;
  3. You do not have an official travel document (i.e. transportation letter, boarding foil, or advance parole document) valid on or issued after June 24, 2020;
  4. You are not a Legal Permanent Resident of the USA;
  5. You are not a spouse or child of a US citizen;
  6. You are not providing temporary labor essential to the US food supply chain;

If any of the above statements do not apply to you, you may be eligible for an exemption from the Proclamation.

If you hold one of the visa categories listed above the Proclamation applies to you if any of the following statements are not true:
  1. Your entry is in the national interest according to the Department of State or Department of Homeland Security;
  2. You are involved in provision of medical care to individuals who have contracted COVID-19 and are currently hospitalized;
  3. You are involved with provision of medical research in the US to help combat COVID-19;
  4. You are necessary for the immediate and continued economic recovery of the US;
  5. You are a child who would age out of eligibility for a visa due to this Proclamation;
  6. You are an asylum seeker.

A consular officer has the discretion to decide if you qualify for an exemption. If you have further questions you can schedule a consultation with an Immigration Attorney to discuss your case.

Categories: H-1B, J Visa, L Visa, Work Visas