By KoKo Huang and Gregory McCall

On June 29, 2020, President Trump issued an amendment to his June 22, 2020, proclamation which temporarily suspended entry of certain nonimmigrant groups into the United States as a result of the COVID-19-related economic crisis. The proclamation originally exempted foreign nationals who, as of June 24, had a valid visa in any category. The amendment narrows the scope of individuals exempt from the ban to foreign nationals who, as of June 24, had a valid visa in the specific nonimmigrant visa categories set forth in the proclamation (H-1B, H-2B, J-visa, L-visa, and family members accompanying or following to join individuals in any of these visa categories). This could affect, for example, a student who was in the United States pursuant to an F-1 visa who then departed the United States and was planning on reentering on an H-1B visa. Under the amendment, such an individual will not be eligible to apply for the new visa until at least after December 31, 2020.

Many issues remain to be resolved with respect to the president’s June 22 proclamation. We continue to monitor developments.*

*On December 31, 2020, the Trump administration issued a presidential proclamation extending the ban of entry for certain nonimmigrant and immigrant visas to March 31, 2021.