TO UPDATE: Today, Monday June 22, 2020, President Trump signed a new executive order entitled “Proclamation to suspend entry of foreigners who pose a risk to the U.S. labor market after the coronavirus outbreak, ”Extension of April 22ndnd Proclamation by the President and addition of new restrictions on non-migrant workers that “pose the risk of displacement and disadvantageous US workers during coronavirus recovery, “including Migrant workers H-1B, H-2B, J and L.
According to the implementing regulation, the entry of these non-immigrants “Poses a significant threat to job opportunities for Americans affected by the extraordinary economic disruption caused by the COVID 19 outbreak.”
When does the order apply?
The order is effective at 00:01 a.m.Eastern summer time on June 24, 2020 and lasts until December 31, 2020, Suspension of the entry of certain foreigners with and without a migration background, as described here. Within 30 days of June 24, 2020 (July 24)th) and every 60 days thereafter, while the proclamation is in effect, the Minister of Internal Security, in consultation with the Foreign Minister and the Minister of Labor, will recommend changes to the regulation.
When does the order end?
The proclamation ends on December 31, 2020 and can be continued by the government if necessary.
Will be April 22ndnd Proclamation to be extended?
Yes, the second paragraph of the new executive order It says: “In Proclamation 10014 of April 22, 2020 … I found that … the United States is facing a potentially protracted economic recovery with persistently high unemployment if labor supply exceeds labor demand. As a result, I suspended the entry of foreigners as immigrants with certain exceptions for a period of 60 days. Given that 60 days are insufficient for the US labor market to restore equilibrium, the considerations contained in Proclamation 10014 remain. ”This means April 22ndnd The proclamation will continue until at least December 31st and all conditions subject to this proclamation remain.
Who is suspended from entry into the United States on June 24th until December 31stst?
Foreigners wishing to enter the United States:
- a H-1B or H-2B visaand all extraterrestrials that accompany or follow such extraterrestrials;
- a J visato the extent that the foreigner takes part in an internship, trainee, teacher, camp counselor, au pair or summer work travel program, as well as any foreigner who accompanies or follows this foreigner; and
- a L visaand all extraterrestrials that accompany or follow such extraterrestrials.
AND WHO ARE
- outside the United States as of the effective date of this proclamation (June 24)nd);
- and do not have a non-immigration visa that is valid on the effective date of this proclamation;;
- and have no official travel document other than a visa (e.g., a letter of transportation, an appropriate entry sheet or a parole document) that is valid on the date this proclamation comes into force or is issued on a later date on which he or she travels to the United States and applies for entry or admission can.
If any of these conditions are not met, the proclamation will have no effect on you.
Who is exempt from the order (not affected)?
In addition to the exceptions described in April 22nd Proclamation the command exempts:
- any legal permanent residence in the United States;
- (any foreigner who is the spouse or child within the meaning of Section 101 (b) (1) of INA (8 USC 1101 (b) (1)) of a US citizen;
- Foreigners wishing to enter the US to provide temporary work or services that are essential to the US food supply chain; and
- Foreigners whose entry is in the national interest as determined by the Foreign Minister, the Minister of Internal Security or their respective authorized representatives.
How is this order enforced?
This proclamation is enforced by US consulates worldwide at their own discretion so that they can determine whether an immigrant has demonstrated their eligibility and is otherwise exempt from the proclamation. The Ministry of Foreign Affairs will implement the proclamation on immigration visas at the Foreign Minister’s discretion in consultation with the Minister of Internal Security.
The State Department regulates the immigration process outside the United States, while the Department of Homeland Security regulates the immigration process within the United States and directs the United States Citizenship and Immigration Service (USCIS). USCIS is not responsible for enforcing this proclamation.
Notification for EB-2, EB-3 and H-1B applicants and visa holders
Section 5 (b), entitled “Additional Measures,” the Implementing Regulation states that the Secretaries for Work and Homeland Security will consider enacting regulations or taking other measures “to ensure that foreign nationals admitted to the United States are present … or people applying for admission or benefits under an EB-2 or EB-3 immigration visa or an H-1B non-immigration visa will not disadvantage US workers if they violate Section 212 (a) (5 ) (A) or (n) violate) (1) the INA (8 USC 1182 (a) (5) (A) or (n) (1)). ”
This means that the government wants to ensure that applicants who apply for or have already been approved under the EB-2, EB-3, or H-1B Visa program will not displace American workers. This section of the regulation authorizes the Secretary of Labor to conduct investigations to ensure that Americans are not adversely affected by the approval or issuance of an EB-2, EB-3 or H-1B visa.
In addition, Section 5 (b) (iii) provides that “as soon as possible …[the Secretary may] consider adopting regulations or taking other appropriate measures regarding the efficient allocation of visas pursuant to Section 214 (g) (3) of INA (8 USC 1184 (g) (3)) and ensuring that in the United States H-1B Non-immigrants do not disadvantage US workers. “
This section of the regulation may highlight additional restrictions that should apply to ensure that EB-2, EB-3 and H-1B workers do not displace American workers.
What if I have recently been issued an H, L, or J visa? Will the order affect me?
No. The order has no effect on those who received a non-immigration visa such as the H1B, L1 or J1 visa prior to June 24 (the effective date of the Implementing Regulation).
I am in the United States and need to apply for an H, L, or J visa. Will the order affect me?
No. Applications to change or expand the H, L or J visa status submitted to USCIS are not subject to the Implementing Regulation. Only those who are outside the United States and do not have a valid immigration visa or official travel document are affected.
What about F-1 or STEM OPT? Will the order affect me?
No. The Executive Order has no effect on F-1 students or STEM OPT.
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