White House Amends 22 June U.S. Immigration Proclamation

The White House released an amendment to the President Trump’s 22 June immigration proclamation and Customs Border Protection provides guidance to ports on Canadian exemptions from the proclamation.

The White House issued an amendment to President Donald Trump’s 22 June immigration proclamation. That proclamation suspends the entry of any nonimmigrants and their spouses and children requesting entry into the United States on a new H-1B, L-1, J-1 or H-2B visa as of 24 June, with limited exceptions. The 29 June amendment clarifies that foreign nationals who were outside of the U.S. on 24 June, when the executive order went into effect, while holding valid nonimmigrant visas in unrestricted categories like B-1, B-2 or F-1 visas, are subject to the proclamation, unless they qualify for an exemption, if they are seeking a new H-1B, L-1, J-1 or H-2B visa or a visa in those categories for their spouse or children following to join. Changes of status within the United States would not be affected, including H-1B changes of status.

It is possible that as we move ahead other clarifying amendments could be issued by the administration on the proclamation as outstanding questions are still being discussed in the stakeholder community and at the federal agencies about implementation of the proclamation at the federal agencies.

Separately, the Customs Border Protection (CBP) has provided guidance to local CBP ports of entry that visa-exempt Canadians are not subject to the 22 June proclamation. CBP headquarters is confirming to the business stakeholder community that Canadians entering as H, L or J nonimmigrants are exempt from the proclamation effective 24 June.

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How This Impacts Mobility

The proclamation will pose a large challenge to employers needing to move or relocate critical global talent to the United States during this economic downturn. This clarifying amendment makes it more difficult to bring workers to the U.S. on assignment or to conduct relocation in a timely manner. Worldwide ERC® issued a statement in response to the proclamation last week and previously sent a letter to the Trump administration in May to request that the administration not restrict access to critical talent as employers work to assist America in the economic recovery. We will let you know of any developments on the immigration proclamation as we remain in contact with the agencies. If you have any questions about this amendment or the Canadian exemptions, please reach out to our Vice President of Government Affairs, Rebecca Peters at rpeters@worldwideerc.org.