By Sang Shin, Christian Triantaphyllis, & Catharine Yen
On June 22, 2020, President Trump issued an updated presidential proclamation (“New Order”) suspending the entry of foreign nationals who present a risk to the U.S. labor market following the Coronavirus outbreak. The New Order continues and expands upon an April 22, 2020, proclamation (“Previous Order”) that temporarily suspended the entry of certain immigrants and lawful permanent residents for a period of 60 days.
Continuing to cite high domestic unemployment, the New Order sustains a ban placed on certain immigrants and lawful permanent residents. In addition, the New Order also suspends the entry into the United States, of any foreign national worker who seeks to enter the country pursuant to the following nonimmigrant or temporary visa categories:
- An H-1B or H-2B visa, and any dependent foreign nationals;
- A J visa, to the extent the individual is entering the country to participate as an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any dependent foreign nationals; and
- An L visa, and any dependent foreign nationals.
Like the Previous Order, the New Order only applies to those foreign nationals who:
- Are outside of the United States;
- Do not possess a valid nonimmigrant visa; and
- Do not have an official travel document other than a visa (ie. advance parole, boarding foil or transportation letter) that is valid.
There are also exceptions that apply to foreign nationals that are:
- Lawful permanent residents of the United States;
- Spouses and children of United States Citizens;
- Foreign nationals seeking entry into the United States to provide temporary labor or services essential to the United States supply chain; and
- Foreign nationals whose entry may be in the national interest to the United States.
The June 22 order is valid from June 24, 2020, until December 31, 2020, but may be extended by the administration.
With the issuance of this New Order, the continued uncertainty of the pandemic and the continuing nature of immigration restrictions (i.e. Embassy/Consular closures, travel bans), we advise all foreign nationals and company employees to remain in the United States and avoid any unnecessary international travel. If you have any questions, please contact your Jackson Walker attorney.
Sang Shin is an experienced immigration attorney with a demonstrated history of successfully representing clients in their immigration matters. Sang advises clients through various immigration applications, including but not limited to: L-1, H-1B, TN, B-1/B-2, B-1 in lieu of H-1B, B-1 OCS, F-1, E-2, E-3, O-1, EADs, Advance Parole as well as PERM Labor Certification, I-140 Immigrant Petitions in the EB1, EB2 and EB3 categories along with Adjustment of Status and Naturalization. Sang also advises client through audits conducted by various government entities including I-9 Audits and review of LCA Public Access Files.
Christian A. Triantaphyllis is a Houston immigration and real estate attorney and the chair of Jackson Walker’s Investment Immigration practice. Christian represents foreign nationals and immigrant investors in cross-border and business immigration matters, usually dealing with regional centers and direct investments. He takes pride in easing the process for foreign nationals related to EB-5 immigrant investment petitions; I-924 Regional Center applications and amendments; petitions to acquire work-authorization for foreign national professional employees; and immigration law compliance in accordance with U.S. Citizenship and Immigration Services, Customs and Border Protection, and the Department of State.
Catharine Yen is an attorney in the real estate and land use practice of Jackson Walker’s Houston office with particular experience in foreign investment and immigration matters. Catharine represents foreign nationals and immigrant investors in all aspects of the EB-5 process to facilitate cross-border and business immigration transactions dealing with regional centers and direct investments. Catharine’s knowledge of the EB-5 visa program, process, and timeline has allowed her to file hundreds of approved I-526 and I-829 petitions. She also regularly prepares and files I-924 Regional Center Applications.
The opinions expressed are those of the authors and do not necessarily reflect the views of the firm, its clients, or any of its or their respective affiliates. This article is for informational purposes only and does not constitute legal advice.