Compassion & Immigration Expertise You Can Rely On

VISA SUSPENSIONS -- Who is Affected? Who is Exempt?

What is Happening?

Effective June 24, 2020 through December 31, 2020, subject to modification, the President of the United States has, through Proclamations 10014 and Proclamation 10052, suspended many types of employment-based visas for nonimmigrants and immigrants in order to help provide economic recovery for Americans experiencing job losses due to COVID-19. Click here to read the Proclamations.

Moreover, under Proclamations 9993 and 9996, entry as immigrants or nonimmigrants is suspended from the Schengen Area, the United Kingdom excluding overseas territories outside of Europe, or the Republic of Ireland during the 14-day period preceding attempted entry into the United States.

Which Visas are Suspended?

H-1B Visa for certain skilled workers in specialty occupations to fill positions not filled by US citizens.
H-2B Visa for seasonal workers, typically agricultural or vacation spots.“(a) an H-1B or H-2B visa, and any alien accompanying or following to join such alien;”
L-1 Visa enables a US employer to transfer an executive or manager to an affiliated office in the US.“(c) an L visa, and any alien accompanying or following to join such alien.”
J-1 Visa apply to research scholars and professors.“(b) a J visa, to the extent the alien is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any alien accompanying or following to join such alien.”

Who is Not Affected?

KLF is Still Preparing Visas

KLF continues to gather support for, prepare, and file visa applications for when processing resumes. KLF fully believes in the merit and benefit of foreign workers to our nation's long-term economic recovery, growth, and competitiveness. The underlying skillsets are net job creators. This decision unfortunately is a disservice and stifles America's ability to attract top global innovative talent.

KLF hopes that this suspension is quickly lifted as it holds back our nation's prosperity. We have always found strength in our diversity and hope in the enduring promise of America. There is no new prosperity without both.

Assistance with Travel Ban Waivers

There are differences among consulates in how travel bans are being applied. Some are able to file a travel ban waiver. KLF can help identify the best time to file and help provide success with supporting documentation and interview preparation.

Who is Not Affected

U.S. Visas Holders Who Are Allowed to Enter

Permanent Residents of the US may enter
An immigrant child of a US Citizen or US permanent resident
Any immigrant seeking to enter the US to provide labor or services essential to the US food supply chain
Any immigrant who would be in the national interest

National Interest Exemptions Briefly Described

The Proclamation directs the Secretaries of State, Labor, and Homeland Security to determine standards for those to whom such an exemption would be available, including any individuals who:

Are critical to the defense, law enforcement, diplomacy, or national security of the United States;
Are involved with the provision of medical care of individuals who have contracted COVID-19 and are currently hospitalized;
Are involved with the provision of medical research at U.S. facilities to help the United States combat COVID-19;
Are necessary to facilitate the immediate and continued economic recovery of the United States; or
Are children who would age out of eligibility for a visa because of this proclamation or Proclamation 10014.
The Department of State also continues to grant national interest exceptions for qualified travelers seeking to enter the United States for purposes related to humanitarian travel, public health response, and national security.

Detailed List of Those Originally Exempt

Lawful permanent residents;
Spouses of U.S. citizens;
Children under 21 of a U.S. citizens and prospective adoptees seeking to enter on an IR-4 or IH-4 visa;
Foreign nationals who were present in the U.S. on June 24, 2020;
Foreign nationals seeking to change status within the U.S., including changes of status to H-1B;
Those who held a valid visa on June 24 in one of the restricted nonimmigrant visa categories who seek to enter on that visa (i.e. does not require a new visa);
Any individual seeking entry to provide temporary labor essential to the U.S. food supply chain (Agricultural and food service workers are exempt from the suspension due to concerns that limiting those workers would too drastically affect the food supply.);
Individuals whose entry would be in the national interest as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees;
Individuals who seek to enter as a physician, nurse, or other healthcare professional; to perform medical research or other research intended to combat the spread of COVID-19; or to perform work essential to combating, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak (In April, medical professionals were broadly exempt. The June order is more restrictive. Citing the high number of furloughed health care employees in the current economy, the medical professionals will now be exempt from the suspension only if their work is specifically related to the coronavirus.) Spouses and children under age 21 can accompany or follow;
Individuals and their spouses or children eligible for Special Immigrant Visas as an Afghan or Iraqi translator/interpreter or U.S. Government Employee (SI or SQ classification);
Individuals applying for a visa to enter the U.S. pursuant to the EB-5 immigrant investor visa program
Individuals who would further important U.S. law enforcement objectives (as determined by the Secretaries of DHS and State based on the recommendation of the Attorney General (AG), or their respective designees); and,
Members of the U.S. Armed Forces and their spouses and children

Students, Academics Business Travelers, & Investors Given Waivers from Suspensions

Certain business travelers, investors, treaty traders, academics, students, and journalists may qualify for national interest exceptions under Presidential Proclamations 9993 (Schengen Area) and 9996 (United Kingdom and Ireland).
The person must have been traveling from or otherwise physically present in the Schengen Area, the UK, or Ireland during the preceding 14 days.
Schengen Area = Austria; Belgium; Czech Republic; Denmark; Estonia; Finland; France; Germany; Greece; Hungary; Iceland; Italy; Latvia; Liechtenstein; Lithuania; Luxembourg; Malta; Netherlands; Norway; Poland; Portugal; Slovakia; Slovenia; Spain; Sweden; and, Switzerland.
Qualified travelers who are applying for or have valid visas or ESTA authorization may travel to the United States even as Proclamations 9993 and 9996 remain in effect following the procedures below.
Persons entering from the UK, Ireland, and the Schengen Area must arrive at one of 15 designated airports: New York JFK; Chicago ORD; San Francisco SFO; Seattle SEA; Hawaii HNL; Los Angeles LAX; Atlanta ATL; Washington-Dulles IAD; Newark EWR; Dallas-Fort Worth DFW; Detroit DTW; Boston BOS; Miami MIA; Ft. Lauderdale FLL; or Houston IAH.
F1 and M1 students and their F2 and M2 dependents traveling from the Schengen Area , the UK, and Ireland with valid F and M visas do not need to contact an embassy or consulate to seek an individual national interest exception to travel.
Students seeking to apply for new F-1 or M-1 visas should check the status of visa services at the nearest embassy or consulate; those applicants who are found to be otherwise qualified for an F-1 or M-1 visa will automatically be considered for a national interest exception to travel.
Business travelers, investors, academics, J-1 students, journalists, and treaty traders who have a valid visa in the appropriate class, an ESTA authorization that was issued prior to 9993 or 9996’s effective date, or who are seeking to apply for a visa, and believe they may qualify for a national interest exception should contact the nearest U.S. embassy or consulate before traveling. If a national interest exception is approved, they may travel on either a valid visa or ESTA authorization, as appropriate.

Other Options & Good News

E-1 and E-2 Investor Visas Are Available

E visas promote trade and investment between countries. The E1 visa is reserved for treaty traders and E2 visas are for treaty investors. To qualify for either E1 or E2, the applicant must be from a U.S. Department of State treaty country.

B-1 Visas are Available in Lieu of H-1B Visa

The B1 grants entry usually for multiple entries for up to a year for a short term work need in the US. Under the B-1 visa category, usually, the work is done based on a contract between the US company and the overseas business.

Click for Information about Temporary Visas

Discretion - Consular Officers Can Still Decide Each Case Individually

The consular officer has discretion to determine if an individual is within one of the exempted categories outlined above.

Asylum Seekers & Refugees Can Still Apply for Help

Asylum seekers are not included in the ban. The Proclamation states that it does not limit the ability of individuals to apply for asylum, refugee status, withholding of removal or protection under the Convention Against Torture.

Canadians Can Still Enter

If you are a Canadian, don’t worry, you are not affected! You will still be able to enter the US and change your status. You will want to be represented by a US professional so book a consultation today to learn how to go about this process of working in the US from Canada.

SUMMARY OF APRIL 22, JUNE 22, & JUNE 29 PROCLAMATIONS

April 2020 - Suspension of Immigrant Employment Visas

Proclamation 10014, which was issued in April 2020, suspended issuance of certain immigrant visas to those outside of the United States. Exceptions are listed below.

June 2020 - Suspension of Certain Nonimmigrant Employment Visas

Proclamation 10052, which was issued June 22, 2020, extended the April ban to also suspend consular visa issuance under nonimmigrant H-1B and H-2B and some J-1 and L-1 programs, and those accompanying or following to join.
The Proclamation takes effect on June 24, 2020 at 12:01 AM ET. It will remain in effect through December 31, 2020 and may be continued or modified as necessary.
This Proclamation was amended on June 29 to disallow nonimmigrants holding valid visas from renewing their visas

*June 29 - Amendment Narrowing Who is Exempt

Before being later amended on June 29, the plain language of Proclamation 10052 implied that foreign nationals with any type of valid nonimmigrant visa on June 24 would be exempt and that foreign nationals could apply to renew their visas when they expired after June 24.

Under the June 29th Amendment, having a valid visa on the effective date (June 24, 2020) alone, such as a B-2 visa, is not sufficient to exempt you from the proclamation.
Only visa holders with a valid H-1B, H-2B, L, or certain J visas entering the United States pursuant to that visa qualify for an exemption. Even if you had a valid H-1B, H-2B, L or J visa on the effective date of the original Proclamation (June 24, 2020), based on a literal reading of the amended section, you may not be able to get a new visa if you were outside the United States on June 24th, 2020.
Notwithstanding this amendment, the proclamation still does not apply to a person who was in the United States on June 24, 2020.
Thus, as originally issued, the plain language of the proclamation implied that a valid visa on June 24 in any category would exempt a foreign national from the order; it also suggested that foreign nationals could apply to renew their visas when they expired after June 24.
This has been changed to exempt only those holding a valid visa in another category – such as F-1 or B-1 – will not be able to obtain a new H, L or J visa while the proclamation is in force, though changes of status within the United States should not be affected, including changes of status to H-1B.

The Proclamation Will Only Apply to an Individual if He or She:

Is outside the United States on the effective date of the Proclamation;
Does not have a nonimmigrant visa *of any of the restricted classifications of this proclamation and pursuant to which the alien 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.

[* =Italics reflect the June 29 amendment]

Contact KLF