Trump’s New Executive Order Impacts Those Applying for H, L, J Visas - No Impact to Employees in the U.S. or Those Re-Entering with Approved Visas
Today, President Trump signed a new Executive Order (EO) that will temporary suspend entry of H-1B, L-1, J-1 and H-2B Nonimmigrants, and their dependents, who do not have a valid visa (stamp). Here are the key takeaways:
- This EO only impacts H1B/H4, L1/L2, J1/J2 and H2B nonimmigrants who are currently outside of the US and do not have a valid visa or advance parole document.
- H1B/H4, L1/L2, J1/J2 and H2B nonimmigrants who have a visa approved before June 24, 2020 can still return to the U.S. (not impacted by the EO).
- H1B/H4, L1/L2, J1/J2 and H2B nonimmigrants without a valid visa or advance parole document should not leave the U.S.
- Cap-subject H1B beneficiaries will not be impacted if they remain in the U.S. For example, F-1s already working in the U.S. with OPT EADs will still be eligible for H1B change of status.
- Cap-subject H1B beneficiaries, L1/L2, J1/J2 and H2B visa hopefuls who are not in the U.S. will not be able to enter the U.S. until January 2021.
- H1B transfers and extension petitions are not impacted, although employees who are determined to have failed to maintain H1B status (e.g., unemployed for more than 60-days) and thus are only approved for consular processing will not be able to exit and re-enter unless s/he already has a H1B visa.
- This EO is effective at 12:01 AM EST on June 24, 2020 and ends on December 31, 2020.
- This EO also extended Proclamation 10014 through December 31, 2020.
- This EO does not impact those applying for H4 EADs or OPT EADs (including STEM EADs), despite speculation otherwise.
Due to COVID-19, U.S. Embassies and Consulates around the world have been closed for visa processing since March. As such, those who need H, L, J visas are currently unable to apply even without this EO.