On June 22, 2020 President Trump expanded Proclamation 10014 (originally issued April 22, 2020) which suspended and limited the entry of individuals seeking immigrant visas outside of the U.S. The Proclamation has now been expanded to also suspend the entry of any individual seeking entry pursuant to the following nonimmigrant visas categories:

(a) an H-1B or H-2B visa, and any individual accompanying or following to join such individual;

(b) a J visa, to the extent the individual is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any individual accompanying or following to join such individual; and

(c) an L visa, and any individual accompanying or following to join such individual.

The proclamation shall apply only to any individual who:

(i) is outside the United States on the effective date of this proclamation;

(ii) does not have a nonimmigrant visa that is valid on the effective date of this proclamation; and

(iii) does 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.

There are exemptions to the proclamation, which include:

(i) any lawful permanent resident of the United States;

(ii) any individual who is the spouse or child of a United States citizen;

(iii) any individual seeking to enter the United States to provide temporary labor or services essential to the United States food supply chain; and

(iv) any individual whose entry would be in the national interest as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.

The criteria for obtaining a 3(b)(iv) national interest exemption will be determined by the Secretaries of DOS, DOL, and DHS but may include individuals who:

(i) are critical to the defense, law enforcement, diplomacy, or national security of the United States;

(ii) are involved with the provision of medical care to individuals who have contracted COVID-19 and are currently hospitalized;

(iii) are involved with the provision of medical research at United States facilities to help the United States combat COVID-19; or

(iv) are necessary to facilitate the immediate and continued economic recovery of the United States.

Please note, this Proclamation does not apply to those already in the United States. Individuals can extend their statuses within the United States through USCIS Service Centers.

The proclamation is effective at 12:01 on June 24, 2020 , and is set to expire on December 31, 2020, but could be extended beyond that date.

Should you or any one of your employees have any questions or concerns regarding whether an individual’s case falls under this proclamation or one of the exemptions, please contact our office at once. We are working towards individual solutions and the ability to invoke exemptions where possible. We believe there are some carve out exemptions that may be invoked to assist employees to enter the U.S. legally.

Any information included here or through our web site is presented solely for general informational purposes and is not in any way intended as legal advice, is not a substitute for getting actual legal advice from an attorney, and should not be acted upon as legal advice without first seeking qualified professional counsel specific to your needs and situation. Additionally, by providing this general information and the information on our web site, no attorney client relationship is created.

Immigration Proclamation Expanded to Include Certain Non-Immigrant Visas

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