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President Trump signs Executive Order Extending and Expanding April Immigration Restrictions

On Monday, June 22nd President Trump signed a proclamation that extends current immigration restrictions put on most employment based green card applications for those who are currently outside of the United States (which was announced on April 23rd), and places new restrictions on those currently pursuing certain nonimmigrant worker visa statuses from entering the U.S. Visa types affected by this proclamation include H-1B, non-agriculture worker H-2Bs, L-1 and certain short-term J-1 worker exchange categories. 

If you are currently in the United States on an active work visa (including the O-1, O-2, E, TN, P visas), or are a permanent resident/green card holder currently in the United States, these restrictions do not apply to you. 

Again, this news only affects foreign nationals who were in the process of applying for employment-based permanent residency (green card) and are currently outside of the United States as of April 23rd, as well as foreign nationals pursuing new H-1B, non-agricultural worker H-2B, L-1, and certain J-1 worker visa categories.

These restrictions apply to foreign nationals currently in the process of pursuing the above visa categories and are currently outside of the United States. If you are currently in the United States through a previous H-1B, a non-agricultural worker H-2B, L-1 and J-1s, this news does not apply to your current status. It would however affect any future visa petitions filed on your behalf through these visa categories.

As with the green card restrictions announced in April 2020, there are numerous exemptions to these new restrictions. The White House has announced that this news does not affect lawful permanent residents of the United States, spouses or children of a U.S, citizen, any foreign national seeking to enter the U.S. to provide temporary labor or services essential to the United States food supply chain, or foreign nationals whose entry would be in the national interest.

These restrictions are to last until the end of the 2020 calendar year, with room for possible modifications after the first month and every 60 days after. This news also comes after months of restrictions blocking for foreign nationals traveling from most of Europe, China, Brazil, Mexico, Canada and several other areas. 

The administration also announced that it would be working towards permanent regulatory reforms that would affect eligibility for those pursuing H-1B visas and asylum status in the future.

If you want to know how these restrictions could affect your plans or visa petition, please reach out to your D’Alessio Law Group professional to schedule a consultation (legal fees apply). We will additionally provide updates as they become available.

As always, it is important to contextualize this news. While many headlines offer abridged perspectives on these restrictions, it is important to understand the scope and breadth of every update, and to understand which categories and visa categories are affected.

If this news does affect your H-1B visa petition, or change your plans, do not hesitate to reach out for a consultation. If you had planned on entering the U.S. through a new H-1B visa status and are curious as to your alternative visa options for continuing your work in the U.S., we can help. Schedule a consultation with our team to discuss these alternatives and to plan your next steps.

The administration also announced that it would be working towards permanent regulatory reforms that would affect eligibility for those pursuing H-1B visas and asylum status in the future.

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