Understanding The New U.S. Restrictions On Worker Visas (H1-B, J, & L)

On June 22nd, 2020 President Trump issued an Executive Order instituting new restrictions on visa issuance, admission of aliens, and adjustment of status for certain work categories. The E.O. also extended all current COVID-19 related immigration restrictions through the end of 2020 and can be extended. The effective date for this E.O. is 12:01am Eastern Daylight Time June 24th, 2020.

Three non-immigrant categories are impacted: H1-B, J, and L. This includes primary beneficiaries and derivates. Importantly, follow to join derivates will not be allowed admission to the U.S. if their visa was issued subsequent to the effective date of the E.O. Aliens with visas valid before the effective date may still travel to the U.S. Legal Permanent Residents are not affected.

The E.O. also requires the Secretaries of Labor, Homeland Security, and State to coordinate on measures to ensure that issuance of H1-B, EB-2, EB-3 or adjustment of status into these categories does adversely impact the labor market for U.S. citizens. This can be accomplished by regulation or other measures. These agencies must also recommend modifications to the E.O. 30 days after the effective date and every 60 days after.

Certain exemptions exist for critical food supply chain workers and professions assisting in combating the COVID-19 epidemic. These exemptions will be subject to criteria established by the Secretaries of State, Homeland Security, and Labor.

I will be writing an in depth analysis and summary of all existing immigration restrictions in the coming days.

If you are concerned about how this new E.O. may impact your situation, please consider Requesting a Service for a closer analysis.