Overview
As anticipated, President Trump issued a proclamation on June 22, suspending the ability of foreign nationals in common employment-based non-immigrant (temporary) categories to enter the United States. The proclamation, which is valid until December 31, 2020, places a suspension on the L-1, H-1B, H-2B, and specified J-1 categories. While the proclamation is significant, there are limits to its scope as well as exceptions that can be requested based upon the nature of the work that will be performed by the sponsored foreign national.
The nuances of how the proclamation is interpreted continue to evolve. The US Department of State (DOS), US Department of Homeland Security (DHS)—particularly the US Customs and Border Protection (CBP) —will be involved initially in the implementation. The US Department of Labor (DOL) is also involved with refining the scope of exceptions based upon economic benefit. Notable interpretive developments include: CBP verbal confirmation that the proclamation does not apply to Canadian citizens and DOS written responses stating that they will not renew visas in the subject category.
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