Summary of Impact on Current Visa Holders from Proclamation 10014 “Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak” Effective June 24, 2020. Processing of applications will continue in the US for ALL visa categories, including permanent residence.
The White House has issued another Proclamation “Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak” effective June 24, 2020 and remains in effect through December 31, 2020. The Proclamation has far less of an impact than was rumored in advance of the Proclamation.
Although early fears were that this Proclamation would have a wide impact on H-1B visa holders in the United States, this is not what happened. It only applies to those outside of the US on June 24, 2020, and restricts those individuals seeking to enter the United States in the following categories on new visa stamps issued after June 24, 2020:
- H1B ;
- H-4 dependents;
- L-2 dependents;
- J-1 (but only J-1s who work as interns, trainees, teachers, camp counselors, au pairs, or summer work travel programs); and
- J-2 dependents.
It does not impact at all those already in the United States in any one of these categories and does not revoke existing visas of individuals who are inside the US in any of these categories. They are all free to remain in the US and continue to work.
As a result, there is no impact on the ability to:
- Apply within the US to change status to H-1B, including H-1B cap cases;
- Apply within the US to extend H-1B status;
- Apply within the US to transfer H-1B status to a different employer;
- Apply within the US for permanent residence.
Similarly, there is no impact on the ability to:
- Apply within the US to change status L-1 or J-1;
- Apply within the US to change status to H-4, L-2 or J-2;
- Apply within the US to extend L-1 or J-1 status;
- Apply within the US extend any of the H-4, L-2 or J-2 dependent categories;
- Apply within the US for permanent residence for L-1, J-1 or any of the dependent categories.
The primary impact will be on limiting international travel for those who do not currently hold a valid visa in any one of these categories. There will be no impact on international travel for the following individuals:
- Permanent Resident Green Card Holders;
- Spouse or children of US citizens;
- Those with a valid visa stamp in one of these categories (H-1B, L-1, J-1 or their dependents);
- Those with valid advance parole travel documents;
- J-1s and J-2s seeking to enter as Professors, Scholars or Medical Residents/Fellows; and
- Canadian citizens, who are exempt from needing visa stamps in any of these categories.
Processing of applications will continue in the US for ALL visa categories, including permanent residence.
Contact any of our immigration attorneys if you have questions or concerns.
Media inquiries, please contact immigration attorney and AILA President, Jennifer Minear.
Mark Rhoads currently serves as the President of McCandlish Holton. He is also a director in the Immigration Practice Group. His focus is on temporary visas and permanent resident green cards for university researchers and professors; high-tech and information technology personnel; international managers and executives; and professional personnel in accounting, engineering, education and many other professions.