COVID-19 and Trump Proclamation #2

On June 22, 2020, President Trump published a new proclamation to (1) extend the expiration date of his first proclamation published on April 22, 2020 suspending entry of new lawful permanent residents and (2) expand the suspension of entry to include aliens within several nonimmigrant visa categories.

Summary:  The new proclamation becomes effective on June 24, 2020 at 12:01AM EST until December 31, 2020. It will suspend the entry of any individual seeking to enter the United States as an immigrant or a nonimmigrant in H-1B, H-4, H-2B, L-1, L-2, J-1 (intern, trainee, teacher, camp counselor, au pair, or summer work travel program), or J-2 status.

Who it applies to: 

•Those who are abroad (outside of the U.S.) on the effective date of this proclamation and applying for an immigrant visa or nonimmigrant visa (mentioned above) overseas through consular processing;

•Those who do not have a nonimmigrant visa that is valid on the effective date; and

•Those who do not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission.

Who it does not cover: 

•Those who are in the United States in a valid nonimmigrant visa status (F-1, H-1B, I, J, O, E, L, P, R, TN, etc.)

•Those who have a valid nonimmigrant visa as of the effective date

•Those who are processing a green card case in the United States

•Permanent Residents

•Spouse and children under 21 of a United States citizen

•Those who seek to enter the United States to provide temporary labor or services essential to the United States food supply chain

•Those whose entry would be in the national interest

Conclusion: 

If you are applying for change of status or you are in a valid nonimmigrant status, but do not have a valid visa stamp, you must avoid overseas travel.  If you are outside the United States applying for a visa stamp, you will have to wait until the proclamation expires.

2020-06-23

Judy Chang (NY/NJ/CA)
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The information contained in article is provided for general information only and should not serve as a substitute for legal advice.
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