A Presidential Proclamation issued June 22, 2020, extends an order to limit the entry of many immigrants that was issued in April, and amends it to include nonimmigrant workers, with exceptions. The proclamation expires on December 31, 2020, but “may be continued as necessary.”
The June proclamation suspends and limits the entry of certain nonimmigrants outside of the United States as of June 24, 2020, with H-1B, H-2B, J (for those participating in intern, trainee, teacher, camp counselor, au pair, or summer work travel programs), and L visas, and those accompanying or following to join them. The June proclamation applies to those who, as of the effective date, do not have a nonimmigrant visa or an official travel document (e.g., transportation letter, boarding foil, or advance parole) valid on the effective date or issued on any date thereafter. The proclamation also calls for additional restrictions to be considered through rulemaking.
The June proclamation does not apply to permanent residents, spouses or children of U.S. citizens, those seeking to enter the United States to provide temporary labor or services essential to the United States food supply chain, and those whose entry is determined to be in the national interest, among others.
Reaction. The Migration Policy Institute estimates that 219,000 temporary workers are affected by the new proclamation, along with 158,000 green card applicants. The proclamation did not go over well in the tech industry, among others. Sundar Pichai, CEO of Alphabet Inc., and its subsidiary, Google LLC, tweeted, “Immigration has contributed immensely to America’s economic success, making it a global leader in tech, and also Google the company it is today. Disappointed by today’s proclamation—we’ll continue to stand with immigrants and work to expand opportunity for all.” Jessica Herrera-Flanigan, Twitter’s vice president of public policy and philanthropy for the Americas, said, “Unilaterally and unnecessarily stifling America’s attractiveness to global, high-skilled talent is short-sighted and deeply damaging to the economic strength of the United States.” Indian IT association Nasscom said the new proclamation was misguided and harmful to the U.S. economy, and “will impose new challenges and possibly force more work to be performed offshore since local talent is not available.”
Those affected include, among others, parents who rely on au pairs to fill gaps and help with childcare during irregular hours, including medical families where both parents are medical workers and military families when a spouse is deployed.
Earlier proclamation. The earlier Presidential Proclamation that took effect April 23, 2020, and has now been extended until December 31, 2020, suspends the entry of many immigrants outside the United States for 60 days, with some exceptions. Excluded from that ban are lawful permanent residents; those seeking to enter the United States as physicians, nurses, or other healthcare professionals, to perform medical or other research intended to combat the spread of COVID-19; or to perform work essential to combating, recovering from, or otherwise alleviating the effects of, the COVID-19 pandemic; EB-5 immigrant investors; spouses and children of U.S. citizens; members of the U.S. armed forces; and some others.
- Presidential Proclamation (June 22, 2020)
- Presidential Proclamation (April 22, 2020)
- Reuters, “Trump to Suspend H-1B Work Visas and Others Through End of Year.”
- CNN Business, “Tech Companies Slam Trump’s Executive Order Restricting H-1B Visas.”
- Today, “With Au Pair Visas Frozen, Working Parents are Scrambling for Child Care.”
- Times of India, “Tech Sector in India, U.S. Hits Out at Trump for Suspension of H-1Bs.”
- Migration Policy Institute tweets