AILA (American Immigration Lawyers Association) has begun to receive more firm intelligence on the possible scope and impact of an expanded Proclamation suspending the entry of certain nonimmigrant workers - including H-1Bs and L-1s. I am sharing what is currently known with the caveat that things are changing rapidly and no one knows what truly will be the scope of any proclamation until it is issued.
Current intel indicates that the proclamation may bar entry to the U.S. of H-1B, L-1, H-2B and J-1 individuals and may be in place for up to 180 days. There is no information on if/how individuals within the U.S. already in one of these categories would be impacted.
Proclamation may be issued as early as June 11, 2020 and could be implemented as soon as June 15, 2020.
What you can do
The key focus right now is on influencing the scope of an expanded Proclamation. If you are a business executive whose company relies on H-1B or L-1 workers please telephone the key players to underscore the harm that the expansion would have on business, including:
- White House outreach to the president, Jared Kushner, Larry Edlow - 202-456-1414 (switchboard number)
- Secretary of Labor - 866-487-2365
- Secretary of and State - 202-647-6575
- Senate and House Republican leadership.
The following talking points may be helpful:
- Discuss how a ban of H-1B and L-1 personnel would negatively impact your business and the jobs of your other employees.
- The need for an Executive Order banning nonimmigrants is inconsistent with the latest jobs report showing a significant improvement in the unemployment numbers and the president's messaging that recovery has begun and is much more successful than originally anticipated. If the economy is rebounding, why do we need to cut off supply to critical workforce?
- Industry specific unemployment data could be shared if it shows that the unemployment rates during the pandemic have remained low.
AILA's Litigation Department is already exploring what can be done to challenge an expanded Proclamation, as it continues to challenge the April 23
proclamation in court, but identifying plaintiffs will be key.