Temporary Suspension of H, L, and J Visas – What You Need to Know

On April 22, 2020, Donald Trump issued a proclamation that restricts the entry of certain type of immigrants (foreign nationals entering the US as legal permanent residents of the US). Late on June 22, 2020, Mr. Trump issued an update on that proclamation, which extends and expands the proclamation.

What does this mean? This means that the proclamation from April will last until at least the end of the year, it may be extended further, and the administration may make additional change to the proclamation in the future.

How am I affected? The chart below outlines who will be affected by this proclamation. Keep in mind that these changes will go into effect June 24, 2020.

What Will Come Next?

The proclamation hints that further regulatory changes may be coming in the H-1B and/or employment-based green card contexts. The regulation-making process is a very specific process set out by law that includes requirements for notice of proposed and finalized rules, comment periods, etc. If there are unfavorable regulatory changes in the future, we fully expect there will be litigation to prevent or reverse the implementation of those changes. However, there is no guarantee as to the outcome of any such litigation.

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