Entry into the U.S. Suspended for H-1B, H-2B, J, and L Workers to December 31, 2020

On Monday, June 22, 2020, President Trump issued an Executive Order effective June 24, 2020 suspending entry into the United States of foreign nationals on certain nonimmigrant employment-based visas until December 31, 2020. 

This suspension applies to foreign nationals outside of the United States who do not already have a valid nonimmigrant visa who seek entry into the United States under the following visa categories:

• H-1B "specialty occupation" workers;
• H-2B temporary non-agricultural workers;
• J-1 exchange visitors (including interns, trainees, teachers, camp counselors, au pairs, or summer work travel program participants); and
• L-1A/B intracompany transferees.

Foreign nationals who are outside the United States, do not have a valid visa as of the effective date, and 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), will not be admitted to the United States in the above categories.

The Executive Order provides for national interest waivers that can be granted to 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 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; are essential to the U.S. food supply chain; or are necessary to facilitate the immediate and continued economic recovery of the United States. More guidance on national interest waivers is expected to be issued by the Secretary of State.

The order does not apply to spouses and children of U.S. citizens or lawful permanent residents.

The order also extends the April 22, 2020 suspension of immigration from abroad into the United States for certain individuals to December 31, 2020. For more information about the immigrant visa suspension, please click here.

U.S. travel and immigration policies are likely to continue to change as part of the global COVID-19 response. Sostrin Immigration Lawyers will continue to keep you up to date through regular announcements. For more information about the coronavirus, please see the CDC’s website.