I hope this post finds everybody well! In this publication, I would like to summarize and address many questions I have received from my clients regarding new developments on the ban affecting employment based non- immigrant visas (bans on employment and family-based immigrant visas will be discussed in a separate post).
If you are reading this post, you probably know that effective June 24, 2020, President Trump suspended the entry into the United States of foreign nationals on certain employment-based, non-immigrant visas, specifically H-1B, L, H-2B and J. As a result, many of my clients who are outside of the U.S. with approved employment petitions should wait until the end of the year to schedule their interview with the U.S. consulate and receive Visa stamps. Yes, we truly hope that at the end of the year the U.S. consulates will resume visa interviews, as the above employment-based visa programs are NOT cancelled, they are currently suspended until December 31, 2020- which is good news!!!
Now, who is not affected by this rule?
This rule does not apply to the applicants who are in the U.S. with an approved or pending H-1B, H-2B, J or L visa petition (including applications for extension or change of status).
Individuals who are outside of the U.S. with Valid Visas issued Prior to Proclamation’s Effective Date (June 24, 2020) Are Not Subject to the Proclamation. This means that if your employment-based, non immigrant petition was approved in the U.S., transferred to the U.S. consulate oversee and you received visa stamp into your passport prior to June 24, 2020, you can buy a plane ticket and should have no problem to enter the U.S.
The newest development suggests that Visa Exempt Canadians Are Not Subject to the Proclamation. The American Immigration Lawyers Association (AILA) has received confirmation from CBP Head Quoters that Canadians entering as H, L or J non-immigrants are exempt from the Presidential Proclamation and that guidance has been provided to local CBP ports on this issue. Please also note that TN-1Visa for Canadian Citizens are also not barred by the rile.
AILA has also learned through a communication shared from several U.S. consular posts that H-1B1 visas are not impacted by Presidential Proclamation!!!
Furthermore, treaty investor/treaty trader visa E-2/E-1, as well as O visa and TN-1 employment visa for Canadians are also exempt from to the entry ban.
Please stay well and stay tuned for new developments! As always, please contact us if you have any questions.
Attorney Svetlana Kats.