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What you should know about Trump order suspending certain work visas through 2020

July 2020 employment law letter
Authors: 
Matthew O. Wagner, Katie M. Collier, and Alicia M. Visse-Kroger, Frost Brown Todd LLC

When President Donald Trump signed an Executive Order (EO) on June 22 suspending the admission of certain temporary workers to the United States, it came after weeks of speculation the directive might call for massive changes to the country’s immigration work programs. The actual EO, although broad, was narrower than expected.

Key changes

The president’s EO extends the limited suspension of green cards (originally announced on April 22) through December 31, 2020. By virtue of its mechanics, the April 22 order primarily targeted families and prevents them from immigrating to the United States at this time.

Second, the new EO suspends (also through December 31) the admission of any persons seeking entry under an H-1B, H-2B, L-1, or J-1 visa. The order applies only to individuals who (1) were outside the United States as of its effective date (12:01 a.m. EDT on June 24), (2) didn’t have a valid nonimmigrant visa as of the effective date, and (3) didn’t have another valid travel document, such as an advance parole travel card, also as of the same date.

The EO doesn’t prevent anyone currently in the United States from getting an extension of status or traveling, applying for a new visa (if necessary), and reentering the country. Nevertheless, international trips remain inadvisable during the ongoing pandemic with its related travel restrictions, U.S. consular closures, and potential for confusion with U.S. Customs personnel implementing the June 22 order.

Nonimmigrant visa vs. nonimmigrant status

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