On Monday, June 22 President Trump amended Proclamation 10014 by executive order and modified it to include mention of nonimmigrant visas. This action has suspended and limited entry into the United States for a wide range of people, and I've worked through this information to summarize it below.
This announcement relates to the same issue from an article I wrote last week, which detailed potential changes coming. The difference now is that this has officially been put forward by President Trump and therefore the below information is final.
This executive order also extends the last executive order about immigration issues with a focus on green cards until the end of the year.
It's very important to note that I am not an immigration attorney, and I urge you to speak to an immigration attorney if you have any concerns or questions. The information below is my best interpretation and should be used merely as a guide for future conversations.
I will also continue to update this article over the course of the next few days and weeks with any new information I learn.
Who is not affected by this executive order?
There is no mention in this executive of changes or impacts to:
- TN;
- E-3 visas (or E-3D, or E-3R visas);
- Other E visas;
- F-1 visas;
- M-1 visas;
- O-1 visas;
- P-1 visas; or
- K-1 visas;
This means that as of right now there is no impact on these visas at all. There has always been a chance (for all Presidents and at all times) for impacts to these visas however we have no reason to believe right now that these visas will be particularly at risk in the future.
It is my personal opinion too that the E-3 visa is especially safe as it is tied to other relations between the US and Australia which would be of great consequence to end.
There are also exceptions for the following groups:
- You are already in the US as of June 24, 2020.
- You have a nonimmigrant visa in your passport that is valid on June 24, 2020.
- You are the spouse/child of a US citizen
- You are providing temporary/essential services to the US food supply chain.
Who is affected by this executive order?
Realistically, the impact is limited to a particular group inside a particular group of visas.
Answer all of these questions, in order, to find out if you are affected:
- Are you the spouse/child of a US Citizen?
If no, continue. If yes, you are not affected. - Are you providing temporary/essential services to the US food supply chain?
If no, continue. If yes, you are not affected. - Will you be inside the United States at 12:01 am on June 24, 2020?
If no, continue. If yes, you are not affected. - Do you have a valid visa (not-expired AND already in your passport)?
If no, continue. If yes, you are not affected. - Is the visa you have/had/want/applied for an:
- H-1B; OR
- H-4: OR
- H-2B; OR
- J-1, J-2 (intern, trainee, teacher, camp counselor, au pair, or summer work travel program); OR
- L-1, L-2; OR
- A partner/dependant of any of these visas (whether your partner is in the country or not);
If yes, continue. If no, you are not affected.
- If you've made it here. You are likely affected.
What is the effect on these applicants and visa holders?
In short, you will not be able to get a visa issued, and will not be able to enter the country:
Sec. 2. Suspension and Limitation on Entry. The entry into the United States of any alien seeking entry pursuant to any of the following nonimmigrant visas is hereby suspended and limited
As far as I understand at this point: This will not affect anyone who is currently on a valid visa in the country, who leaves in the coming months, and then attempts to return.
It also does not specifically say anything about renewals which would suggest they should not be affected if you already have one. You should be able to renew any of the visas above.
Are E-3 Visa holders affected by this executive order?
There is no impact on E-3 visas, E-3R visas, or E-3D visas in this executive order.
When will these changes take place?
The executive order comes into action on June 24 at 12:01 am.
How long will these effects be in place?
Until the end of 2020:
“Sec. 4. Termination. This proclamation shall expire on December 31, 2020, and may be continued as necessary. Within 30 days of June 24, 2020, and every 60 days thereafter while this proclamation is in effect, the Secretary of Homeland Security shall, in consultation with the Secretary of State and the Secretary of Labor, recommend any modifications as may be necessary.”
Read the official Executive Order
Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak
FAQs from not_an_immi_lawyer on Reddit:
Q. Am I affected if I have a TN, E-3, O-1, P-1, K-1 visa?
A. No. Only those visas listed above are affected.
Q. Am I affected if I'm changing or adjusting status within the US?
A. No.
Q. Am I affected if I'm trying to change jobs (H-1B transfer) or change from OPT to H-1B?
A. No.
Q. Am I affected if I was physically in the US on June 24, 2020, but wish to leave and re-enter?
A. No.
Q. Am I affected if I want to apply for an affected (e.g. H-1B) visa, but currently hold a different nonimmigrant visa (e.g. B, F visa) valid on June 24, 2020?
A. No.
