The White House has issued an amendment to the June 22, 2020, Presidential “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak” to clarify an issue regarding those who are outside the scope of the Proclamation.

According to the amendment, not all those holding nonimmigrant visas on June 24, 2020, are exempted from the Proclamation – only those holding valid H, L, or J visas. This means that individuals with, for instance, valid B-1/B-2 visitor visas on June 24, 2020, will not necessarily be eligible to apply for H, L, or J visas.

The amendment affects Section 3 of the original Proclamation setting out the scope of the suspension.

The Proclamation (the amendment in italics) will affect those who are:

  • Outside of the U.S. on the effective date – June 24, 2020, at 12:01 a.m. (EDT);
  • Do not have a nonimmigrant visa, of any of the classifications specified in Section 2 (H, L, or J) and pursuant to which the alien is seeking entry that is valid on the effective date of the Proclamation or issued thereafter; and
  • Do not have another travel document (such as a transportation letter, boarding foil, or advance parole document) valid on the effective date or issued thereafter.

Jackson Lewis attorneys are committed to helping employers make the best business decisions and will continue to provide updates and clarifications as they become available. Please contact your Jackson Lewis attorney with any questions about how these new restrictions and forthcoming regulations will affect your employees and prospective employees.