Written by Andrea Moran

On Monday, June 22, 2020, President Trump signed an Executive Order (the “Order”) suspending the entry into the United States of certain foreign nationals on certain employment-based nonimmigrant visas through December 31, 2020. This Order also extends Presidential Proclamation 10014 issued on April 22, 2020, which suspended the entry of certain immigrants into the United States. Below is the summary of the Order.

• Effective at 12:01 a.m. eastern daylight time on June 24, 2020 (the “Effective Date”), President Trump suspended the entry of foreign nationals on certain employment-based nonimmigrant visas into the United States.

• The Order is effective through December 31, 2020.

• The Order suspends the issuance of nonimmigrant visas for those seeking entry pursuant to a(n):

• • H-1B visa and any foreign national accompanying or following to join them;

• • H-2B visa and any foreign national accompanying or following to join them;

• • 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 foreign national accompanying or following to join them; and

• • L visa, and any foreign national accompanying or following to join them.

• The Order will only apply to an individual identified above if they are:

• • Outside the United States 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, boarding foil, or advance parole document), valid on the Effective Date of the Order or issued thereafter permitting the individual to be admitted to the United States.

• The Order does 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; or

• • 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 purposes of determining who is covered under the “national interest” exemption, the Order 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;

• • Involved with the provision of medical care to individuals who have contracted COVID-19 and are currently hospitalized;

• • Involved with the provision of medical research at U.S. facilities to help the United States combat COVID-19;

• • Necessary to facilitate the immediate and continued economic recovery of the United States; or

• • Children who would age out of eligibility for a visa because of this Order or Proclamation 10014.

• Discretion: The consular officer has the discretion to determine if an individual is within one of the exempted categories outlined above.

• Asylum Seekers: The Order does not limit individuals’ abilities to seek asylum, refugee status, withholding of removal, or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

• Fraud: Individuals who circumvent the application of the Order through fraud, willful misrepresentation, or illegal entry will be prioritized for removal.

• Additional Review: Within 30 days of the Order’s Effective Date, and every 60 days after, while it and Proclamation 10014 are in effect, the Secretary of Homeland Security, in consultation with the Secretaries of Labor and State will make a determination as to any need to modify either order.

Stay tuned for additional information as the COVID-19 crisis develops.

©ScottHulse, P.C. This material is provided for informational purposes only. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between ScottHulse and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material.

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