The proclamation effective from June 24th 2020:
- Continues the earlier Proclamation 10014 limiting the entry into the U.S. with an immigrant visa until December 31, 2020.
- Suspends entry on an H-1B or H-2B visa, and any accompanying H-4 family members until December 31, 2020
- Suspends entry on a J visa, to participate in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any accompanying J-2 family members until December 31, 2020
- Suspends entry on an L visa, and any accompanying L-2 family members until December 31, 2020
The suspension only applies to foriegn nationals:
- Outside the United States on June 24, 2020
- Who do not have a valid non-immigrant H-1B, H-2B, H-4, J-1, J-2 or L visa on June 24, 2020
- 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 permits travel and entry to the United States.
The suspension on entry pursuant does not apply to:
- Lawful Permanent Residents of the United States.
- Spouses or children of United States citizens.
- Foreign nationals seeking to provide temporary labor or services essential to the United States food supply chain.
- Foreign nationals whose entry would be in the national interest.
Exceptions:
- The Secretary of State, the Secretary of Labor, and the Secretary of Homeland Security shall establish standards to define categories of Foreign nationals whose entry would be in the national interest., including those that: are critical to the defense, law enforcement, diplomacy, or national security of the United States; are involved with the provision of medical care to individuals who have contracted COVID-19 and are currently hospitalized; are involved with the provision of medical research at United States facilities to help the United States combat COVID-19; or are necessary to facilitate the immediate and continued economic recovery of the United States.
- The Secretary of State and the Secretary of Homeland Security shall exempt children who would as a result of the suspension age out of eligibility for a visa.
Instructions to agencies:
- The Centers for Disease Control and Prevention shall provide measures to reduce the risk of foreign nationals seeking entry spreading COVID 19.
- The Department of Labor shall consider promulgating regulations or other action to ensure that the presence in the United States of foreign nationals who have been admitted or provided a benefit (EAD), or are seeking admission or a benefit, pursuant to EB-2 or EB-3 immigrant visas do not disadvantage United States workers in violation of labor certifications.
- The Department of Labor shall consider promulgating regulations or other action to ensure that the presence in the United States of foreign nationals who have been admitted or provided a benefit (EAD), or are seeking admission or a benefit, pursuant to an H-1B visa do not disadvantage United States workers in violation of LCAs.
- The Secretary of Labor shall undertake investigations of H-1B employers believed to not be in compliance with H-1B laws & regulations.
- The Secretary of Homeland Security shall ensure foreign national be eligible to apply for a visa or for admission or entry into the United States or other benefit until such alien has been registered with biographical and biometric information, including but not limited to photographs, signatures, and fingerprints.
- DHS shall prevent foreign nationals with final with orders of removal; who are inadmissible or deportable from the United States; or who have been arrested for, charged with, or convicted of a criminal offense in the United States, from obtaining eligibility to work in the United States.
- DHS shall consider promulgating regulations or take other action regarding the efficient allocation of visas in the order in which petitions are filed, and where an approved petition is revoked due to fraud shall make available in the same year of revocation an additional visa to the total number of CAP visa numbers available that year.
- DHS shall consider promulgating regulations or take other action to ensure H-1B nonimmigrants do not disadvantage United States workers.
- This proclamation may be continued as necessary past December 31, 2020.
- Within 30 days and every 60 days thereafter the Secretary of Homeland Security shall recommend any modifications as may be necessary.
American Immigration Lawyers Association (AILA) has been informed by CBP that Canadians entering as H, L or J nonimmigrants are exempt from the Presidential Proclamation issued and that guidance has been provided to local CBP ports stating the same.
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