On June 22, 2020, President Trump issued a Proclamation expanding the provisions to Proclamation 10014, “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak.” Below please find a summary of the President’s Proclamation. The Proclamation takes effect on Wednesday, June 24, 2020 at 12:01 AM (ET) and is set to expire on December 31, 2020 but may be continued as necessary.
The Proclamation orders that the terms of Proclamation 10014, issued on April 22, 2020, remain in force. In addition, and pursuant to Proclamation 10014, effective on June 24, 2020, the Proclamation temporarily suspends and limits the entry, through December 31, 2020, (and may be continued as necessary) of a foreign national seeking entry into the U.S. pursuant to any of the following nonimmigrant (temporary) visas (subject to the exceptions listed below):
- an H-1B or H-2B visa, and any derivatives accompanying or following to join the H-1B visa holder;
- a J visa, to the extent the foreign national is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any derivative accompanying or following to join the J-1 visa holder; and
- an L visa, and any derivative accompanying or following to join the L visa holder.
More specifically, the Proclamation expands and temporarily suspends the entry of an individual seeking to enter the U.S. under the nonimmigrant (temporary) classifications detailed above (H-1B, H-2B, J and L) who:
- is outside the United States on the effective date of this Proclamation;
- does not have a nonimmigrant visa that is valid on the effective date of this Proclamation; and
- 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.
Exemptions to the Proclamation include:
- any lawful permanent resident of the United States;
- any foreign national who is the spouse or child, of a United States citizen;
- any foreign national seeking to enter the United States to provide temporary labor or services essential to the United States food supply chain; and
- any foreign national 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 United States facilities to help the United States combat COVID-19; or are necessary to facilitate the immediate and continued economic recovery of the United States. Furthermore, the Secretary of State and the Secretary of Homeland Security shall exercise authority under this Proclamation and of Proclamation 10014 to exempt foreign national children who would, as a result of the provisions in this Proclamation and of Proclamation 10014, age out of eligibility for a visa. The consular officer has discretion to determine if an individual is within one of the exempted categories outlined above.
Per the Proclamation, within 30 days of June 24, 2020, and every 60 days thereafter while this proclamation is in effect, the Secretary of Homeland Security shall, in consultation with the Secretary of State and the Secretary of Labor, recommend any modifications as may be necessary. Additionally, per the Proclamation, the Secretary of Labor shall, in consultation with the Secretary of Homeland Security, as soon as practicable, consider promulgating regulations or take other appropriate action to ensure that the presence in the United States of foreign nationals who have been admitted or otherwise provided a benefit, or who are seeking admission or a benefit pursuant to an EB-2 or EB-3 immigrant visa or an H-1B nonimmigrant visa does not disadvantage United States workers.
The Proclamation states that it does not affect any individual’s ability to seek asylum, refugee status, withholding of removal or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, consistent with the laws and regulations of the United States.
The Proclamation also states that individuals who circumvent the application of this Proclamation through fraud, willful misrepresentation of a material fact or illegal entry will be prioritized for removal.
Companies and individuals with ongoing or prospective immigration processes and their employees, colleagues or family members who may be affected by the Proclamation should consult with counsel on individual situations. Gunster’s Immigration Practice Group remains available to answer your questions.
If you have any questions, please contact Gunster attorneys Sarah Tobocman, Mariana Ribeiro, Beatriz Osorio, and Maria Romero.
