Immigration Alert: Update On Suspension Of Entry Of Certain Foreign Workers Until The End Of 2020

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Ford & Harrison LLP

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FordHarrison is a labor and employment firm with attorneys in 29 offices, including two affiliate firms. The firm has built a national legal practice as one of the nation's leading defense firms with an exclusive focus on labor law, employment law, litigation, business immigration, employee benefits and executive compensation.
As discussed in our prior Alert, on June 22, 2020 President Trump issued a proclamation extending until December 31, 2020 the ban on the entry of individuals applying for immigrant visas...
United States Immigration
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As discussed in our prior Alert, on June 22, 2020 President Trump issued a proclamation extending until December 31, 2020 the ban on the entry of individuals applying for immigrant visas ("green cards") outside of the United States and expanding the ban to H-1B, H-2B, L-1 and some J-1 nonimmigrant categories. The Proclamation left a number of questions unanswered, and we will provide updates as more information and guidance becomes available. This update clarifies the following issues:

  • The proclamation does not apply to Canadian citizens who seek entry under H-1B, L-1, and J-1 categories because they are considered "visa-exempt" for purposes of these categories, which means they do not have to apply for any visa at a U.S. consulate abroad before seeking entry to the U.S.

  • Individuals with valid H-1B, H-2B, H-4, L-1, L-2, J-1, and J-2 visas issued prior to the effective date of the Proclamation (June 24, 2020, at 12:01 am (ET)) will be allowed entry after the suspension goes into effect regardless of whether they have come in before or not on that visa.

Originally published 26 June, 2020

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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