Proclamation Immigration

The Proclamation And How It Affects Certain Non-Immigrant Work Visas

July 16, 2020

Non-Immigrant Work Visas Affected By The Proclamation

Non-immigrant visas are provided to individuals who are working temporarily in the U.S. These visas range from dealing with individuals working in a professional field of work to individuals with extraordinary abilities that are working in the U.S.

The Non-immigrant work visas affected by this proclamation are H-1B, H-2B, J and L-1 visas.

  • H-1B visas are for Specialty Occupations, DOD Cooperative Research and Development Project Workers, and Fashion Models
  • H-2B visas are for Temporary Non-Agricultural Workers
  • J visas are for Exchange Program Visitors
  • L-1A visas are for Intracompany Transferee Executive or Managers
  • L-1B visas are for Intracompany Transferee with Specialized Knowledge

More information about these non-immigrant visas and other classifications can be found on the USCIS website.

The Proclamation

The proclamation was signed on June 22, 2020, suspending the admission of foreign workers into the country under a variety of work visas until December 31, 2020, and may be continued as necessary.

The proclamation specifically mentions H-1B, H-2B, J and L visas.

Under section 3(a) of the proclamation, the suspension only applies to any alien who:

i. is outside the United States on the effective date of this proclamation;
ii. does not have a nonimmigrant visa that is valid on the effective date of this proclamation; and
iii. does 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 is valid on the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission.

What If I Am Currently In The U.S. Under One Of These Non-Immigrant Visas?

Based on the language of the proclamation, if you are currently in the U.S. with valid authorization under one of these visas, this proclamation should not affect your work status at this current time. Under section 6 of the proclamation, the proclamation is being reviewed every 60 days and can be modified as necessary.

If you want guidance when it comes to non-immigrant visas or your work status in the U.S. as a non-immigrant worker, contact an attorney at SW&L via the contact form below or by calling 701-297-2890.

This article is for informational purposes only. You should contact an attorney to obtain advice with respect to any particular issue or problem you may have related to your immigration status.