Trump Visa Ban Extended and Expanded

On December 31, 2020, President Trump extended visa ban which suspended the issuance of many categories of temporary work visas for persons outside the U.S.  

The visa ban does not affect persons who apply within the United States for extensions of stay, changes of status or adjustment of status.

In his original proclamation, President Trump stated:

“Under ordinary circumstances, properly administered temporary worker programs can provide benefits to the economy. But under the extraordinary circumstances of the economic contraction resulting from the COVID-19 outbreak, certain visa programs authorizing such employment pose an unusual threat to the employment of American workers.”

However, other persons were harshly critical of the proclamation. David Bier of the Libertarian Cato Institute responded:

“This order is economically baseless. It will hurt the recovery and U.S. workers. Foreign workers create demand for other better jobs for U.S. workers elsewhere in the economy. Restricting migration will not lower unemployment, but it will harm American businesses — that are struggling to make it through this period — who employ both Americans and immigrants.”

April 22, 2020 Visa Ban Extended – Which Visas are Subject to the Ban?

• Immigrant visas for parents, adult sons and daughters, and siblings of US citizens;
• Immigrant visas for spouses and children of lawful permanent residents;
• Immigrant visas under the diversity visa lottery; and
• Immigrant visas in the employment-based categories.

April 22, 2020 Visa Ban Extended – Who is Exempt from the Ban?

• Green card holders;
• Spouses and children of U.S. citizens;
• Members of the U.S. Armed Forces and their spouses and children;
• Persons applying for green cards under the EB-5 investor program;
• Persons who would further important U.S. law enforcement objectives;
• Persons whose entry would be in the national interest;
• Persons who qualify for special immigrant visas as Afghan/Iraqi translators/interpreters or U.S. government employees;
• A person seeking an immigrant visa as a physician, nurse or other healthcare professional; to perform research intended to combat the spread of COVID-19; or to perform work essential to combatting, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak.

Visa Ban Expanded on June 24, 2020 to Include

• H-1B Visas for Professionals and Others
• H-2B Visas for Temporary Non-Agricultural Workers
• L-1A Visas for Intracompany Managers and Executives
• L-1B Visas for Intracompany Transferees with Specialized Knowledge
• Certain J-1 Exchange Visitors – interns, trainees, teachers, camp counselors, au pairs and summer work travel participants; and
• Spouses and unmarried children of persons in the above categories who are “accompanying or following to join” the principal in the U.S.

Who is Exempt from the Expanded Visa Ban?

• Green card holders;
• Spouses and unmarried, minor children of U.S. citizens;
• Foreign nationals present in the US on June 24, 2020;
• Foreign nationals abroad who have valid visas, advance parole or other U.S. travel permits;
• Persons with J-1 status who are not in one of the banned categories (See above);
• Canadian citizens can enter the U.S. in H-1B, H-2B, J and L status as can their spouses and children since they are visa exempt;
• Citizens of Chile and Singapore can enter the U.S. with H-1B1 visas;
• Persons seeking to enter the U.S. to provide temporary labor or services essential to the U.S. food supply chain; and
• Persons whose entry would be in the national interest as determined by the Secretary of State, the Secretary of the Department of Homeland Security or their respective designees. This includes persons who are critical to the defense, law enforcement, diplomacy, or national security of the U.S.; are involved with the provision of medical care to individuals who have contracted COVID-19 and are currently hospitalized; are involved with the provision of medical research at U.S. facilities to help combat COVID-19; or are necessary to facilitate the immediate and continued economic recovery of the U.S.

Visa Ban News

• Trump Suspends Visas Allowing Hundreds of Thousands of Foreigners to Work in the U.S.
• Tech Companies Slam Trump’s Executive Order Restricting H-1B Visas
• A New Trump Proclamation Will Block Foreign Workers

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