Updates on Presidential Proclamations Regarding Nonimmigrant Visas
Updates on Presidential Proclamations Regarding Nonimmigrant Visas
As a consequence of the COVID-19 pandemic, the U.S government has issued a special proclamation to protect American jobs and regulate nonimmigrant visa programs. Below is a list of resources to help postdocs stay informed and understand this proclamation. These resources have been created by the International Faculty & Scholars Office.
Key points of the proclamation that impact the University of Arizona include:
- We cannot seek H-1B status for prospective employees who are outside the United States. They will be unable to acquire an H-1B visa to enter the United States.
- Employees who have an approved H-1B, are outside the United States, and did not have a valid H-1B visa in their passport by June 24 at midnight will not be able to enter the United States.
- We are able to continue extending H-1B status for employees who are inside the United States.
- We are able to continue seeking a change of status to H-1B for individuals inside the United States. However, these individuals will not be able to leave and re-enter the United States.
- Since our J categories were not included in the Proclamation, we can continue to issue J-1 documents and our visiting scholars are able to continue to travel.
Please contact International Faculty & Scholars at 520-626-6289 or uaifs@email.arizona if you have any questions about how this proclamation may impact you.
Issued on June 22, 2020, Effective June 24, 2020 at midnight
President Trump issued a Presidential Proclamation that extends his 60-day Immigrant Visa entry ban issued on April 22 through the end of 2020.
In addition, the Proclamation bans the entry of:
- H-1B workers and their accompanying family members;
- J-1 exchange visitors participating in an intern, trainee, teacher, camp counselor, au pair or summer work travel program, and their accompanying family members.
- UA sponsors exchange visitors in the Research Scholar, Professor and Short-Term categories. These categories are not impacted by the Proclamation.
The suspension on the entry of these nonimmigrants will continue through December 31, 2020, and may be extended.
The suspension applies to persons who:
- Are outside the U.S. on the effective date of the Proclamation;
- Do not have a nonimmigrant visa that is valid on the effective date of the Proclamation; and
- Do 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 the Proclamation.
There are limited exemptions available for certain workers, such as those whose temporary labor is deemed essential to the U.S. food supply chain, or those whose work is in the U.S. national interest, such as COVID researchers or other medical professionals.
The Proclamation will not apply to the following individuals:
• lawful permanent residents;
• spouse or child of a U.S. citizen;
• any individual seeking entry to provide temporary labor essential to the U.S. food supply chain;
• any individual whose entry would be in the national interest as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.
For the purposes of determining who is covered under the “national interest” exemption, the Proclamation directs the Secretaries of State, Labor, and Homeland Security to determine standards for those to whom such an exemption would be available, including any individuals who:
• are critical to the defense, law enforcement, diplomacy, or national security of the United States;
• are involved with the provision of medical care to individuals who have contracted COVID-19 and are currently hospitalized;
• are involved with the provision of medical research at U.S. facilities to help the United States combat COVID-19;
• are necessary to facilitate the immediate and continued economic recovery of the United States; or
• are children who would age out of eligibility for a visa because of this proclamation or Proclamation 10014.
The consular officer has discretion to determine if an individual is within one of the exempted categories outlined above.
To read original source, please click on the link provided above.
June 29, 2020
President Trump issued an amendment to the above Proclamation that suspends and limits entry into the United States of any person who does not have a valid nonimmigrant visa in the same category they are seeking to enter.
To read original source, please click on the link provided above.
April 22, 2020, Effective April 23, 2020 at midnight
President Trump signed a Presidential Proclamation (not an Executive Order) that paused the entry into the United States of certain immigrants for a period of 60 days.
Who is covered by the new policy?
The Proclamation applies to individuals who:
- Were outside the United States on 11:59 PM EDT on April 23, 2020;
- Do not have an immigrant visa that is valid on 11:59 PM EDT on April 23, 2020;
- Do not have an official document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on 11:59 PM EDT on April 23, 2020 or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission.
Who is exempt from the policy?
The Proclamation does not apply to:
- Lawful permanent residents of the United States (green card holders);
- Spouses of U.S. citizens;
- Individuals seeking to enter the United States on an immigrant visa as a physician, nurse, or other healthcare professional; to perform medical research or other research intended to combat the spread of COVID-19; or to perform work essential to combating, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak, as well as their accompanying spouses and children under the age of 21;
- Any individual whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee;
- Any individual whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees
Nonimmigrants (e.g., H-1B, J-1, TN, O-1, E visa holders)
At this time, the Proclamation does not affect nonimmigrants who are currently in the United States. Nor does it appear to have any effect upon applications for extension, change or adjustment of status for foreign nationals within the United States. Section 6 of the Proclamation does reference that in 30 days this Proclamation may be amended to include certain nonimmigrant classifications.
To read original source, please click on the link provided above.