Does The Presidential Proclamation Still Apply? Who Is Exempt From It?

Presidential Proclamation 10052 issued June 22, 2020

On June 22, 2020, the President issued Proclamation 10052 titled Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak. Effective June 24, 2020, the proclamation suspends “entry into the United States of any alien seeking entry pursuant to any of the following nonimmigrant visas” until December 31, 2020, subject to section 3 of the proclamation:

  • “an H-1B or H-2B visa, and any alien accompanying or following to join such alien;”
  • “a J visa, to the extent the alien is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any alien accompanying or following to join such alien;”
  • “an L visa, and any alien accompanying or following to join such alien”

Section 3(a) states, however, that the suspension will only be applied to individuals who:

“(i) is outside the United States on the effective date of this proclamation;

(ii) does not have a nonimmigrant visa, of any of the classifications specified in section 2 of this proclamation and pursuant to which the alien is seeking entry, that is valid on the effective date of this proclamation; and

(iii) 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.”

The June 29, 2020 amendment clarified that the exception at Section 3(a)(ii) of Proclamation 10052 applies only to individuals with a valid H, J, or L visa who seek admission to the United States in one of those categories. For example, an individual outside the United States wishing to enter the United States in H-1B status who had valid B-2 visa but not a valid H-1B visa would be subject to the proclamation and would not be eligible for an H-1B visa. The proclamation also extends until the end of the year the April 22, 2020 proclamation suspending entry of certain immigrants.

Presidential Proclamation 10014 issued April 22, 2020

Immigrant Visa ProclamationProclamation 10014 of April 22, 2020, published at 85 FR 23441, titled Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak. This proclamation suspends entry of certain new immigrants who do not already have an approved immigrant visa.

The proclamation does not currently impact applicants for adjustment of status or nonimmigrants such as students, H-1B workers, visitors for business or pleasure, etc. Section 6 of the proclamation, however, calls upon DOL, DOS, and DHS to within 30 days of April 22 “review nonimmigrant programs and… recommend… other measures appropriate to stimulate the United States economy and ensure the prioritization, hiring, and employment of United States workers.”

The initial effective period was 60 days starting 11:59 p.m. eastern daylight time on April 23, 2020. This was extended to December 31, 2020, by the Proclamation 10052 of June 22, 2020.

Does The Order Apply To All Pending Green Card Applications?

No. Only the following family-based visa categories of pending green card applications are affected. This answer does not address how Employment-based visa categories are affected.

Family-Based Visa Categories Affected 

The initial April 22 proclamation temporarily suspended entry for many prospective immigrants applying for family-based green cards from abroad. The June 22 proclamation extends these restrictions until December 31, 2020, and includes additional suspensions for certain family-based nonimmigrant programs.

The June 22 extension and expansion applies to individuals seeking to enter the U.S. from another country through the following immigrant and nonimmigrant family visa programs:

Family-Based Permanent Immigrant Visas

  • IR-5 visas for the parents of U.S. citizens
  • F1 visas for the unmarried adult children of U.S. citizens
  • F2 visas for the spouses and unmarried children of U.S. lawful permanent residents (green cardholders).
  • F3 visas for married sons or daughters of U.S. citizens.
  • F4 visas for adult siblings of U.S. citizens.

Family-Based Temporary Nonimmigrant Visas

  • H-4 visas for spouses and minor children of H-1B and H-2B workers.
  • J-2 visas for spouses and minor children of J-1 workers and trainees.
  • L-2 visas for spouses and minor children of L-1 intracompany transferees.

Are Spouses Of US Citizens Affected?

No. They are exempt from the Presidential Proclamation’s ban.

When Does The Order End?

For now, it is set to end December 31, 2020

For more information on Presidential Proclamation On Immigration, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 532-5666 today.