On June 22, 2020, U.S. President Donald Trump issued a proclamation to temporarily suspend the entry of certain nonimmigrants to the United States (U.S.). The proclamation prevents the entry of individuals who would be coming into the country under the H-1B, H-2B, J-1, and L-1 visa categories and their dependents until December 31, 2020, with limited exceptions. The June 22, 2020 proclamation is actually an extension of April 22, 2020, sixty-day suspension implemented by Donald Trump’s administration which was to expire on June 22, 2020.
On the first look, this may look confusing but, in this blog post, You will get to understand what the June 22 proclamation is about.
What is a proclamation?
A proclamation is usually a public or official announcement, especially one dealing with a matter of great importance.
It is important to understand that part of the June 22 proclamation is to temporarily suspend the entry of certain non-immigrant. In plain terms, it means not all immigrants are affected by the proclamation but the H-1B, H-2B, J-1, and L-1 nonimmigrants.
It should be noted that the H1B and L1 despite being a temporary visa, allows its holders to apply for permanent residence under a Green Card visa scheme without jeopardizing their L1 visa or H-1B visa status. Holders of these kinds of visas need not demonstrate any ties with their home countries.
A Closer look at the people who will be affected:
- Persons seeking to enter the United States under one of the following non-immigrant visa classifications: H-1B, H-2B, J-1 intern, trainee, teacher, camp counselor, au pair, or summer work travel program (note that J-1 physicians, research scholars, and students are exempt), L-1A, or L-1B;
- People who are outside of the U.S. as of 12:01AM EDT on June 24, 2020;
- Persons who do not have a nonimmigrant visa valid on the effective date of the suspension; and do not have an official document other than a visa (e.g., transportation letter, boarding foil, or advance parole document) that is valid on or after the proclamation takes effect that would allow travel to the U.S. to seek entry or admission.
By extension, dependents of those non immigrants who are subject to the restriction on entry are equally restricted.
Why the June 22nd proclamation?
The proclamation was a reaction to the economic threats posed by the COVID 19 pandemic. President Trump noted that the suspension will help the American economy recover from the economic decline brought about by the pandemic. Covid did a lot of damage(It should be gone already!). With the number of people losing their jobs in the US rising, the president noted that the proclamation will protect the US workers.
In addition to restricting entry to the U.S, the June 22nd proclamation orders the Department of Homeland Security and Department of Labor to promulgate regulations to make sure that non-immigrants in the H-1B category, and immigrants in the EB-2 and EB-3 preference categories, do not upset the chances of U.S. workers getting a job.
The proclamation of June 22, 2020 takes effect immediately, whereas the restrictions on the entry of certain non-immigrants will go into effect at 12:01AM EDT on June 24, 2020.
As expected, the proclamation and any related regulatory changes will likely be passed through the fires of the law.
The Administration is to review the suspension within 30 days from June 24, 2020, and every 60 days thereafter, in order to make any necessary modifications.
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