Trump's Latest Immigration Ban: 
Who it Does and Does not Impact 
 

Last night President Trump issued another Presidential Proclamation to temporary ban the entry of certain immigrants and nonimmigrants to the United States.  This e-mail provides an explanation of the Proclamation and its impact on different immigration categories. 

With respect to "immigrant" visa categories (i.e. green card applications), this latest order extends Trump's April 22 proclamation until December 31, 2020.  Please reference our article on the prior proclamation for a list of individuals to which it does and does not apply.   

This latest Proclamation expands the ban to individuals seeking to enter the United States on certain "nonimmigrant" visa categories. Some key takeaways from the new Proclamation are as follows:  
  • Suspends the entry into the U.S. of most individuals and any accompanying family members in the H-1B, H-2B, J-1, L-1A, and L-1B nonimmigrant visa categories:
  • Goes into effect on June 24, 2020 at 12:01am.
  • ONLY applies to individuals who are outside the U.S. on the effective date of the order (i.e. June 24, 2020 at 12:01am)
  • Does NOT apply to individuals who:
    • Already hold H-1B, H-2B, J-1 or L-1 nonimmigrant visas;
    • Seek to enter the U.S. pursuant to visas in other nonimmigrant categories (e.g., B-1, B-2, E-2, F-1, O-1, P);
    • Hold a travel document other than a visa (e.g., advance parole);
    • Are inside the United States on June 24, 2020 at 12:01am. 
  • Also does NOT apply to:
    • Lawful permanent residents (i.e. green card holders);
    • Spouses of U.S. citizens;
    • Children of U.S. citizens;
    • Individuals who will provide essential work or services to the U.S. food supply chain; 
    • Individuals whose work will be "in the national interest."
  • Directs the Department of State, Department of Labor and Department of Homeland Security to establish standards to define categories of individuals deemed to be "in the national interest," such as individuals who are:
    • Critical to U.S. defense, law enforcement, diplomacy or national security;
    • Involved in provision of medical care to individuals who have COVID-19 and are currently hospitalized;
    • Involved in medical research at U.S. facilities to help combat COVID-19; or
    • Necessary to facilitate immediate and continued economic recovery of the U.S.
  • Directs the Department of Homeland Security to "take appropriate and necessary steps" to deny work authorization to individuals with final orders of removal, who are inadmissible or deportable from the U.S, or who have been arrested for, charged with, or convicted of a criminal offense. 
  • Will remain in effect until December 31, 2020, but may be extended as necessary. 
It is important to note that U.S. embassies around the world continue to be closed for routine immigrant and nonimmigrant services.  Therefore, the proclamations described in this newsletter will have little impact until U.S. embassies resume visa services.  

Please feel free to contact us if you have any questions about the Presidential Proclamations, or any other immigration-related questions.

Stay safe!
 
Sincerely,
   
The PNR Immigration Group
 
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Prior COVID-19 Updates
https://conta.cc/3aJfFMC (April 23, 2020)
https://conta.cc/2Kq2CET (April 8, 2020)
https://conta.cc/39WBkQS (March 27, 2020)
https://conta.cc/39XkSzU (March 20, 2020)
https://conta.cc/3a9Adyd (March 18, 2020)

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Attorneys
Jacob Ratzan - jlr@pnrlaw.com
Jack Finkelman - jdf@pnrlaw.com
Roxanne Fraser - rmf@pnrlaw.com
Gisela Ades (of counsel) - gisela@adeslegal.com
 
Paralegals
Jessica Figueras - jmf@pnrlaw.com
Ivonne Ortueta - imm@pnrlaw.com

Packman, Neuwahl, & Rosenberg
8950 SW 74th Court, Suite 1901
Miami, FL 33156
Tel: (305) 665-3311 
Fax: (305) 665-1244 
 
jlr@pnrlaw.com

The information in this newsletter is intended solely for informational purposes and does not constitute and should not be relied upon as legal advice.