As discussed in our prior Alert, on June 22, 2020 President Trump issued a proclamation extending until December 31, 2020 the ban on the entry of individuals applying for immigrant visas (“green cards”) outside of the United States and expanding the ban to H-1B, H-2B, L-1 and some J-1 nonimmigrant categories. The Proclamation left a number of questions unanswered, and we will provide updates as more information and guidance becomes available. This update clarifies the following issues:
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The proclamation does not apply to Canadian citizens who seek entry under H-1B, L-1, and J-1 categories because they are considered “visa-exempt” for purposes of these categories, which means they do not have to apply for any visa at a U.S. consulate abroad before seeking entry to the U.S.
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Individuals with valid H-1B, H-2B, H-4, L-1, L-2, J-1, and J-2 visas issued prior to the effective date of the Proclamation (June 24, 2020, at 12:01 am (ET)) will be allowed entry after the suspension goes into effect regardless of whether they have come in before or not on that visa.
If you have any questions regarding the issues addressed in this Alert or have other business immigration questions, please contact the author of this Alert, Geetha Adinata, partner and head of FordHarrison's Business Immigration practice group at gadinata@fordharrison.com, or partner Charlie Roach, croach@fordharrison.com. Of course, you may also contact the FordHarrison attorney with whom you usually work. For information on various immigration-related coronavirus issues, including governmental travel bans, changes in immigration processes, suspension of government services, and office closings as well as practical tips on how businesses can manage the impact of this global healthcare crisis as it relates to immigration issues, please see our Coronavirus Taskforce Immigration page.
FordHarrison is closely monitoring COVID-19 developments including associated federal and state legislation and reopening guidance. The firm has implemented continuity plans to allow our lawyers and staff to work remotely in a technologically secure environment when necessary, ensuring continuity of our operations and uninterrupted service to our clients. We are following all CDC guidelines and state and local laws as applicable. We are committed to ensuring the health and welfare of our clients, employees, and communities while continuing to provide our clients with the highest quality service. Please see our dedicated Coronavirus Taskforce and Coronavirus – CARES Act pages for the latest FH Legal Alerts and webinars on COVID-19, the new American workplace, workplace-related provisions of the CARES Act, as well as links to governmental and industry-specific resources for employers to obtain additional information and guidance. For more information or to be connected with a Coronavirus Taskforce or CARES Act attorney, please contact clientservice@fordharrison.com.