Latest Ban on Workers Entering the US - H, L and J Visa Holders

On June 22, 2020, President Trump issued a proclamation suspending the entry into the US of people in H-1B, H-2B, L-1, and J-1 (for some categories) status, and their dependents. 

WHO DOES THIS AFFECT?

The Proclamation applies to people who are
(a) Outside the US on the effective date (June 24, 2020) of the Proclamation; AND
(b) Do not have a nonimmigrant visa that is valid on the effective date; AND
(c) Do not have another valid travel document (e.g. Advance Parole) allowing them to enter the US.

WHEN DOES THE BAN TAKE EFFECT?

June  24, 2020 at 12.01 am Eastern US time until December 31, 2020.

WHO IS NOT AFFECTED?

• Foreign nationals in the US on June 24, 2020, including people applying for a change of status, or extensions. 
• Foreign nationals who already have a a valid visa, advance parole or other U.S. travel document on June 24, even if they are outside the United States when the ban takes effect.
• U.S. lawful permanent residents (green card holders).
• US citizens and their  spouses and children.
• J-1  exchange program participants other than interns, trainees, teachers, camp counselors, au pairs and summer work travel participants; and
• Foreign nationals entering to provide temporary labor or services essential to the U.S. food supply chain.

ARE THERE WAIVERS?

Yes. The proclamation states that foreign nationals who meet the following criteria could be considered exempt:

• Are critical to the defense, law enforcement, diplomacy, or national security of the United States;.
• Are involved with the provision of medical care to people currently hospitalized with COVID-19.
• Are involved with providing medical research at U.S. facilities to help combat COVID-19.
• Are necessary to help the immediate and continued economic recovery of the United States.
• Are children who would age out of eligibility for a visa because of recent proclamation.

HOW DO I APPLY FOR A WAIVER?

The waiver must be requested from the consulate that would issue the visa. Since nobody has applied for a waiver yet - and consulates are still closed anyway - we don't have any details of what criteria might be accepted.
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WHAT ABOUT CANADIANS WHO DON'T NEED VISAS?

It is not clear how the ban will affect Canadians who can enter the US in H-1B, L-1, etc status without needing a visa stamp on their passports.

I HAVE A B-1/B-2 VISA IN MY PASSPORT. CAN I USE THAT TO ENTER THE US AND THEN CHANGE TO H-1B/L-1, ETC?

We do not recommend this strategy. It is tempting, but this would be misrepresenting your intention on entry. At worst, it could be considered fraud and result in a permanent, non-waivable, bar to US entry. The proclamation specifically states that 

 An alien who circumvents the application of this proclamation through fraud, willful misrepresentation of a material fact, or illegal entry shall be a priority for removal by the Department of Homeland Security. (Sec 4(b))

WHAT IS THE DIFFERENCE BETWEEN A "VISA" AND "STATUS"?

The visa is the stamp on your passport that allows you enter the US. Your "status" is your classification once you are inside the US, as shown on your most recent I=94. You get an I-94 when you enter the US each time, and also when you extend or change status from within the US.

Someone could have come on a visa that expired years ago, but as long as she filed extensions and got new I-94s each time, she is fine. She doesn't need a new visa until she leaves and needs to re-enter the US.

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