What You Should Know about the Presidential Proclamation Suspending the Entry of Certain Nonimmigrants into the United States

Here’s What We Know

On June 22, 2020, President Trump issued Presidential Proclamation 10052, which suspended the entry of foreign nationals on certain employment-based nonimmigrant visas into the United States as of June 24, 2020, at 12:01 am (ET).  This Proclamation also extended Presidential Proclamation 10014 issued on April 22, 2020, which suspended the entry of certain immigrants into the United States. The suspension of entry for certain immigrant and nonimmigrant visas will remain in effect until at least December 31, 2020.  

The nonimmigrant ban applies to individuals applying for an:

• H-1B visa and a dependent H-4 visa;

• H-2B visa and a dependent H-4 visa;

• J-1 visa, to the extent the foreign national is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and a dependent J-2 visa; and

• L-1 (L-1A and L-1B) visa and a dependent L-2 visa.

The nonimmigrant ban will only apply to an individual identified above if he or she:

• Is outside the United States on the effective date of the Proclamation;

• Does not have a nonimmigrant visa in one of the categories that is now suspended on which he or she is seeking entry, that is valid on the effective date of the Proclamation; and

• Does not have an official travel document other than a visa (such as a transportation letter, boarding foil, or advance parole document), valid on the effective date of the Proclamation or issued thereafter permitting the individual to be admitted to the United States.

The Proclamation does not apply to the following individuals:

• Visa-exempt Canadians;

• Lawful permanent residents;

• Spouses or children of U.S. citizens;

• Individuals seeking entry to provide temporary labor essential to the U.S. food supply chain;

• Individual whose entry would be in the national interest, including individuals whose services are critical to defense, diplomacy or national security, related to the combat of COVID-19, will facilitate economic recovery and are children who would age out of eligibility.

What Our Office Is Doing

We are closely monitoring the situation and encourage you to contact our office at Soberalski Law at 414-533-5000 if you believe you may be impacted by this Proclamation or are currently in the United States but need to travel aboard.