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Valid H-1B and L-1 visa holders unaffected by presidential proclamation

September 2020 employment law letter
Authors: 
Roger Tsai, Holland & Hart, LLP

Q         What should employers consider for H-1B and L-1 nonimmigrant workers if they are working in the United States?

A   The presidential proclamation merely restricts entry for specific visas in certain circumstances, not visa issuances. H-1B and L-1 nonimmigrants aren’t affected if they were in valid status and present in the United States on June 24, 2020, and they may renew an expired visa abroad before December 31, 2020.

Most consulate offices, however, limited visa services to emergency appointments due to COVID-19. It’s unlikely H-1B and L-1 visas can be obtained abroad until regular processing commences.

Roger Tsai is a partner in Holland & Hart LLP’s labor and employment practice group who focuses on immigration law. Roger practices out of the firm’s Denver, Colorado, office and may be reached at rytsai@hollandhart.com.

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