Trump H1B visa suspension 6/24~12/31, 2020

Update: On December 31, 2020, President Trump extended Proclamation 10052 until March 31, 2021. Therefore, the entry of certain H, J, and L immigrants will be suspended until March 31, 2021.

What

The Trump Administration proclaimed “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak” on Monday, the 22nd of June which prohibits certain non immigrant visa holders’ entry into the United States. Trump H1B visa limitation will take effect from the 24th of June to the end of the calendar year.

In light of the above, I have determined that the entry, through December 31, 2020, of certain aliens as immigrants and nonimmigrants would be detrimental to the interests of the United States.

Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak

Why

As the U.S. unemployment rate was skyrocketed, the Trump Administration claims that foreign aliens have been “a significant threat to employment opportunities” for American citizens during “the extraordinary economic disruptions caused by the COVID-19 outbreak.” Through this new immigration restrictions, the Trump Administration expects to reallocate around 500,000 jobs to out-of-work Americans.

But under the extraordinary circumstances of the economic contraction resulting from the COVID-19 outbreak, certain nonimmigrant visa programs authorizing such employment pose an unusual threat to the employment of American workers.

Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak

Duration

The Trump H1B visa limitation proclamation is effective at 12:01 a.m. eastern daylight time on June 24, 2020 til the end of the year (December 31, 2020).

Which visa types are affected?

Along with prospective immigrants who seek to obtain the following non immigrant visas, any alien who seek to re-apply visas listed below will be suspended and limited to enter into the United States:

• an H-1B or H-2B visa, and any alien accompanying or following to join such alien;
• a J visa, to the extent the alien is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any alien accompanying or following to join such alien; and
• an L visa, and any alien accompanying or following to join such alien.

The suspension and limitation on entry pursuant to section 2 of this proclamation shall apply only to any alien who:

• is outside the United States on the effective date of this proclamation;
• does not have a nonimmigrant visa that is valid on the effective date of this proclamation; and
• does not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission.

Please note that health care professionals in relation to COVID-19 and essential workers for the United States food supply chain will be exempted from this order.

The entry of additional workers through the H-1B, H-2B, J, and L nonimmigrant visa programs, therefore, presents a significant threat to employment opportunities for Americans affected by the extraordinary economic disruptions caused by the COVID-19 outbreak.

Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak

Background of this order

Amongst anti immigration movements by the Trump Administration, the most recent one was reported that recommendations were made to Congress to suspend OPT and other work related visas. Before COVID-19, the rationales behind recommending such restrictions were to stop employment programs being abused. It was insisted that international students or scholars take what they learned out from the United States and bring knowledges and experiences back to their home countries, which can be a threat to America’s national security. Also, some immigration hard liners argued that some foreign students and scholars stay too long or stay unlawfully using the employment authorization programs. Whatever the reason might be, the reason for anti immigration orders have changed from national security to economy revival after the COVID-19 outbreak. In addition to suspending the entry of work visas, the President Trump wants to reform the H-1B system, according to CNN. A senior administrator said that the Department of Labor has been instructed by Trump to “investigate abuses” regarding the H-1B system. “The H1Bs, the pause on visas, is the temporary action in the President’s action today in the executive order, the more permanent action that he’s directing us to take include reforming the H1B system to move in a direction of a more merit-based system,” the official said. No details have been announced yet, so make sure you subscribe to our newsletter to get the latest updates on H-1B visas.

It’s a huge relief for prospective OPT applicants (December 2020 graduates) to hear that OPT was not suspended from this order. Maybe the letter written by 21 Republicans which was requesting a smooth visa process for non immigrant visa holders for Fall and supporting the OPT program worked! Still, it is questionable that if this order will mitigate the economical risk that the U.S. has faced or it would worsen the U.S. economy. As we can assume, business communities are opposing to this order and requesting to reverse this decision. “Why would he want to cut off critical workforce that will help the economy recover?” Greg Chen, director of government relations for the American Immigration Lawyers Association, previously told CNN. Furthermore, a technology trade group wrote to Trump earlier this month arguing that “non-immigrant visas have been key to sustaining the economy in the midst of a global public health crisis.” 2020 has been tough for all of us but this executive order makes the 2020 even tougher for work visa holders.

Related blog post 1: Trump immigration ban to suspend opt
Related blog post 2: GOP sent a letter to stop OPT Suspension by Trump

References

• Trump To Sign Executive Order Temporarily Suspending H-1B And Other Work Visas by Siladitya Ray
• Trump extends limits on some work visas through 2020 by Priscilla Alvare
• Trump, citing pandemic, orders limits on foreign workers, extends immigration restrictions through December by Nick Miroff and Tony Romm
• Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak