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Overview

Yesterday President Trump issued the Presidential Proclamation Suspending Entry of Immigrants and Nonimmigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak.

Below is a summary from Devang Shah of the relevant portions that may affect your company. Please email me any questions that you have. Devang will compile all general questions from clients and send out FAQ’s in a few days regarding this Proclamation.

Summary: The proclamation does not on its face impact employees/candidates currently in the United States. The primary impact will be for those candidates on H-1B or L-1 status that are currently abroad and therefore will not be able to be admitted to the United States until January 1, 2021. We will continue to apprise you of further developments. There were rumors that the proclamation would eliminate H-4 EAD, STEM OPT or increase H-1B filing fees. This proclamation does not take those items off the table and could be implemented in the future.

Effective Date: The Proclamation takes effect on June 24, 2020. It will remain in effect through December 31, 2020 and may be continued or modified as necessary. Within 30 days of this Proclamation’s effective date, and every 60 days after, while it and Proclamation 10014 are in effect, the Secretary of Homeland Security, in consultation with the Secretaries of Labor and State will make a determination as to any need to modify either proclamation.

Suspension of Issuance of Visas: The Proclamation suspends the issuance of visas for those seeking entry pursuant to a(n):
H-1B visa and any foreign national accompanying or following to join them
L1A or L1B visa, and any foreign national accompanying or following to join them.

Included Individuals: The Proclamation will only apply to an individual identified above if they are:
1. Outside the United States on the effective date of the Proclamation;
2. Do not have a nonimmigrant visa that is valid on the effective date of the Proclamation; and
3. Do not have an official travel document other than a visa (such as a transportation letter, boarding foil, or advance parole document), valid on the effective date of the Proclamation or issued thereafter permitting the individual to be admitted to the United States

Exemptions: The Proclamation will not apply to the following individuals:
lawful permanent residents;
spouse or child of a U.S. citizen;
any individual seeking entry to provide temporary labor essential to the U.S. food supply chain;
any individual whose entry would be in the national interest as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.
For the purposes of determining who is covered under the “national interest” exemption, the Proclamation directs the Secretaries of State, Labor, and Homeland Security to determine standards for those to whom such an exemption would be available, including any individuals who:
are critical to the defense, law enforcement, diplomacy, or national security of the United States;
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 the United States combat COVID-19;
are necessary to facilitate the immediate and continued economic recovery of the United States; or
are children who would age out of eligibility for a visa because of this proclamation or Proclamation 10014

Discretion: The consular officer has discretion to determine if an individual is within one of the exempted categories outlined above.

COVID-19 Testing: Individuals will be subject to a COVID-19 test before arrival.

Additional Measures: The proclamation referenced additional measures that we will provide details when announced/published.
Issue regulations or take additional actions to ensure that those who have already been admitted, or are seeking admission, on an EB-2 immigrant visa, EB-3 immigrant visa, or H-1B nonimmigrant visa do not limit opportunity for U.S. workers.
Undertake investigations of Labor Condition Application (LCA) violations pursuant to INA 212(n)(G)(i).
Consider issuing regulations or other actions concerning the allocation of visas and ensuring that the presence of H-1B workers in the United States does not negatively affect U.S. workers. This would include prioritizing the highest paid H-1B workers in the numerical cap next year.
Ensure that an individual will not be able to apply for a visa or admission to the United States until they have completed biometrics, including photographs, signatures, and fingerprints;

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