July 2, 2020
This is an update to our previous post regarding the Presidential Proclamation restricting new H-1B, H-2B, J-1, and L-1 holders. Information about the original proclamation can be found here. The previous update regarding Canadian Nationals can be found here.
According to the American Immigration Legal Association (AILA), the Trump administration has amended and clarified the scope of their suspension on issued visas. With this amendment, an individual outside of the United States is suspended from seeking entry as an H-1B, H-2B, J-1, or L-1, or their dependents, unless they had a nonimmigrant visa valid on the effective date of the Proclamation (June 24, 2020) for the category in which they seek entry into the United States or is eligible for an exemption. For example, an individual with a valid B-1 visa on the day of the proclamation would be barred from receiving an H-1B, H-2B, J-1, or L-1 visa or their dependents. Individuals that are now subject will need to seek exemptions.
Given the complexity of this situation, we strongly recommend that any client in H-1B, H-2B, J-1 or L-1 status contact their attorney before making any plans to travel out of the U.S.
We recognize that this is an extremely stressful time for our clients and immigrants in general and will be happy to consult with you if you are not currently a client and have questions as to how this order may impact you. Please call our office at 215-925-0705 or schedule a consultation online here.
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