President Trump’s Proclamation to Suspend New Visa Entries

On 22 June, President Donald Trump released an executive order that extends and expands upon his suspension of new visa entries

On 22 June, President Donald Trump released a proclamation that extends and expands upon his executive order from April. That order, which expired yesterday was extended to suspend the entry of workforce immigrants and work permit holders until the end of the year. The proclamation issued yesterday additionally suspends the entry of new H-1B, L-1, J-1 and H-2B nonimmigrants and their spouses and children, with limited exceptions. The proclamation takes effect on 24 June and will expire on 31 December 2020.

Pursuant to the proclamation the Department of Homeland Security must issue regulations that may make it more difficult for H-1Bs or EB-2 and EB-3 green card categories to be sponsored by an employer. These actions almost certainly will be met with litigation challenges. Worldwide ERC® recently sent a letter to President Trump to request that the administration not restrict access to critical talent as employers work to assist America in the economic recovery.

The new entry restrictions apply to those who are outside the United States, do not have a valid visa and do not have another valid travel document as of 24 June. The new entry restrictions do not apply to those who hold valid visas, advance parole or other U.S. travel documents as of 24 June and they also do not apply to those present in the United States as of 24 June, like those awaiting a change of status.

Individuals exempt from the new entry restrictions include U.S. lawful permanent residents and their spouse and children, those providing temporary labor or essential services to the U.S. food supply chain, J-1 exchange program participants, and those whose entry would be in the national interest. Understand that those who are exempt from the new entry restrictions remain subject to any COVID-19 travel restrictions.

The proclamation will impact employees that need a new visa like, but not limited to: L-1A executives who must transfer from a subsidiary or affiliate abroad to the U.S. company or for example H-1B professionals with graduate degrees in architecture and engineering to apply their knowledge and skills to commercial development projects in the United States and much more.

The order comes at a time when the U.S. economy is still trying to recover from the Coronavirus pandemic. For the Trump administration, expanding these immigration restrictions is an attempt to boost the U.S. economy, and is likely to make immigration a focus the president’s reelection campaign. For workforce mobility, these expanded restrictions are a counterproductive measure that make it more difficult to bring employees to the U.S. on assignment or relocation in a timely manner and in the midst of much needed economic recovery.

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How This Impacts Mobility

Since travel into the United States is restricted at this time it is not likely the proclamation will have much near-term impact on the relocation of globally mobile workforces to the United States. However, as U.S. consulates around the world begin to reopen, as some are, the new proclamation will greatly impact employees not present in the United States that employers must relocate or place on assignment. Worldwide ERC® will keep you up-to-date on any developments. Members who have questions about the proclamation should reach out reach out to our Vice President of Government Affairs, Rebecca Peters at