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Understanding the June 22, 2020 Proclamation Suspending Entry of Some Nonimmigrant Visas to the United States

Originally published: June 23, 2020

Updated: June 25, 2020

On June 22, 2020, President Donald Trump issued the “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak.”

This proclamation continues Proclamation 10014 of April 22, 2020, impacting nonimmigrant visas. This prohibits foreign nationals from entering the United States on H, L, and some J visas. The UC Davis community may have questions regarding this proclamation. Services for International Students and Scholars (SISS) has addressed some below. Should you have additional questions or wish to discuss your unique situation, please reach out directly to your SISS contact or advisor.

Most important for current and incoming UC Davis students and scholars

  • This proclamation does NOT impact current or incoming F-1 or J-1 students (including the OPT/STEM OPT or Academic Training programs)
  • This proclamation does NOT impact current or incoming J scholars in the Professor, Research Scholar, Short Term Scholar, and Specialist categories.
  • This proclamation does NOT impact individuals in the United States on the effective date of the proclamation (12:01 a.m. Eastern Daylight Time, June 24, 2020). This includes persons who currently hold H-1B status or are awaiting approval of H-1B change of status or extension of status petitions. Scholars who are already in the U.S. on an H-1B are not affected.
  • E-3, O-1, and TN visas are not affected.
  • The proclamation will expire on December 31, 2020 but can be extended by the Secretary of Homeland Security.

Overview of the Proclamation

The proclamation suspends and limits the entry of any individual seeking entry pursuant to any of the following nonimmigrant visas:

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

The proclamation shall apply only to any individual who:

  • (i) is outside the United States on the effective date of this proclamation;
  • (ii) does not have a nonimmigrant visa that is valid on the effective date of this proclamation; and
  • (iii) 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.

The suspension and limitation on entry pursuant to section 2 of this proclamation shall not apply to:

  • (i) any lawful permanent resident of the United States;
  • (ii) any individual who is the spouse or child, as defined in section 101(b)(1) of the INA (8 U.S.C. 1101(b)(1)), of a United States citizen;
  • (iii) any individual seeking to enter the United States to provide temporary labor or services essential to the United States food supply chain; and
  • (iv) any individual whose entry would be in the national interest as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.

Frequently Asked Questions

What is changed by this proclamation?

Some foreign nationals seeking to enter the United States using an H, J, or L visa will no longer be able to enter the United States beginning at 12:01 a.m. Eastern Daylight Time on June 24, 2020.

Who is affected by this proclamation?

The entry into the United States of any foreign national seeking entry pursuant to any of the following nonimmigrant visas is suspended

  • H-1B or H-2B visa, and their dependents
  • J visa (Intern, trainee, teacher, camp counselor, au pair, or summer work travel categories only).  These J categories are not used by UC Davis students and scholars.
  • L visa

The suspension on entry to the United States applies to any non-U.S. national 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 the proclamation.  This means that the suspension does not affect a person who has a nonimmigrant visa that was issued before the effective date of this proclamation.
  • 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.

Who is not affected by this proclamation?

This proclamation does not apply to:

  • students who have or are applying for an F visa abroad. This includes the OPT or STEM OPT program.
  • students and scholars who have or are applying for the following categories of the J visa abroad: Short-term Scholar, Professor and Research Scholar, Specialist, and College/University Student. This includes the Academic Training program for J students.
  • current or prospective H-1B employees and H-4s who are in the U.S. on the effective date of the proclamation.
  • current H-1Bs and H-4s who are abroad and have an H visa that is valid on the effective date of this proclamation.
  • any lawful permanent resident of the United States.
  • any non-U.S. national who is the spouse or child of a United States citizen.
  • any non-U.S. national seeking to enter the United States to provide temporary labor or services essential to the United States food supply chain.
  • any non-U.S. national whose entry would be in the national interest as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.

How long will this proclamation be effective?

The proclamation is effective beginning at 12:01 a.m. Eastern Daylight Time on June 24, 2020.  The proclamation will expire on December 31, 2020, but can be extended by the Secretary of Homeland Security.

Does this proclamation affect Canadian citizens?

Canadians entering as H, L, or J nonimmigrants are exempt from the Presidential Proclamation issued on June 22, 2020 and effective on June 24, 2020. Guidance has been provided to local CBP ports on this issue.

What if I have obtained a valid visa prior to the proclamation’s effective date?

Those with valid H, L, or J visas issued prior to the effective date of the proclamation (June 24, 2020, at 12:01 a.m. Eastern Daylight Time) will be allowed entry after the suspension goes into effect regardless of whether they have come in before or not on that visa.  Please note that the proclamation does not affect J students and J scholars in the categories that UC Davis uses.  This FAQ is directed primarily at UC Davis scholars with H-1B visas.

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