Trump Signs Executive Order to Ban H1B H4 L1 and other visa Info

Trump Bans entry of H1B, L1, H4, J1 until Dec 2020 [Updated]

In US Immigration - Visas by KumarUpdated : 194 Comments

There were many rumors stating Trump will sign Executive Order to Ban H1B, J1, L1, H4 entry to US. Earlier today, Trump officially signed the highly speculate Executive Order that bans the entry of H1B, H4, L1, L2, J1 and others until end of this year, with very few exceptions. We will cover all those details in this article.

Update : Clarification on Non-immigrant Visa Clause

June 29th, 2020 : Today, WhiteHouse gave an amendment to their Proclamation that Trump Signed to ban entry of H1B, H4 and others, clarifying that it applies only to visa holders such as H1B, H4, H2B, L and certain J visas that are part of the proclamation. Below is what it used to look before and after.

There have been confusions with some saying it is banned for F2, K1 and other visa and mis-information. In light of all confusions, to make it clear, they issued an amendment clarifying the same. It does not change any of the entry ban list of Visa types or categories that were part of the original proclamation. Still all the restrictions on Travel entry and Stampings apply. Read US Entry Ban, Visa Stamping – Official Guidance by USCIS, Consulates, State Dept.

Trump H1B Entry Ban Amendment

You may watch below video as well on the update

Why Trump Executive Order to ban Entry of H1B, L1, other visas ?

The executive order states that US unemployment is at one of the highest levels of 13.3% and with the slow economic recovery, allowing entry of foreign workers and their spouses will create additional competition to US citizens to find a job.

Trump Executive Order Summary – Entry Ban for H1B, H4, L1, L2, J1, others.  

As we discussed in our Fact Check on Executive Order Power of President, most of the things in the Executive order apply to people currently outside of United States and without a valid Visa.  The non-immigrant visa holders impacted are H1B, H4, H2B, L1, L2, J1 and also Immigrant Visa holders entering US. Let’s look each of these categories in detail.

EO Impact for H1B Visa Holders

The Executive Order (EO) will impact all H1B Visa holders outside of US and who do not have valid H1B Visa stamping in their passport ( Sample US Visa Stamp ). It does not matter, if you are New H1B seeker, who filed in H1B 2021 Season or an someone who already had H1B and worked in US. If you do not have valid visa on your passport as of today June 22, 2020, you will not able to enter US until Dec 31, 2020.

It will NOT impact any H1B holder within US. They can continue to file H1B Transfers, Extensions or Amendments. It does not impact anyone picked in H1B registration lottery this year and filing H1B petition with USCIS for FY 2021 season, it is just that they cannot enter US until this travel ban is lifted. If you leave US and do not have valid US visa, then you cannot re-enter. This even applies to anyone in US trying to extend I-94 by exiting the country.

EO Impact for H4 Visa Holders.

The signed executive order applies to all H4 visa holders, who are outside of US and do not have a valid H4 Visa stamp in their passport now. Again, it does not matter, if you are new H4 holder trying to enter along with your spouse or anyone who already were in US and went to your home country for visiting and getting H4 stamping. It applies to all H4 holders, including spouses and children. The executive order quotes this as “any alien accompanying or following to join such alien”.  This ban is applicable until Dec 31st, 2020.

It will NOT impact any H4 holder currently in the US with their spouse. It does not impact them from applying H4 EAD and working in the US, if they are eligible.  H4 holders are free to apply for extensions or Change of status as needed, including EADs( if eligible).

You can join Telegram Group H1B, H4, L1, Travel Ban Help to discuss and help each other as community.

EO Impact for L1A, L1B, L2 Visa Holders

The Trump executive order signed today impacts all L1A, L1B and L2 dependents (spouse and children), who are outside of US and do not have a valid US visa stamp in their passport.  If you do not have the valid L1 or L2 visa stamp in your passport, you cannot enter US until Dec 31st, 2020.  

It will not have any impact on the L1A, L1B or L2 visa holders, who are already in the US. They are free to file Extensions or Change of status as needed.  If you are on L2 and have EAD, you can continue to work and extend your EAD and L2 as well.

EO Impact for H2B and Dependent H4 Holders

The executive order applies to H2B visa holders and their Dependent spouses and children on H4 visa, who are outside of US and do NOT have valid visa stamp to enter US. This will last until Dec 31, 2020. It will not apply to anyone on H2B, H4 visa status and already in US. They are free to work, continue to extend as eligible or file COS as applicable.

EO Impact for J1 Visa Holders

The executive order bans entry of J1 visa holders who outside of US and do not have valid J1 visa stamp as of today and planning to participate as an intern, trainee, teacher, camp counselor, Au Pair or Summer work travel program. It also includes their accompanying spouses and children of J1 visa holders.  

You may watch the below YouTube Video, it has the summary of entire article.

EO for new Immigrants / new GC holders

The Executive order extends the previous 60 days Executive order banning entry of Immigrant Visa (new GC) holders and it will be extended until end of the year, which is December 31st, 2020. All the exceptions for health care workers and others that are outlined in that previous order will continue to apply.

EO Ban Impact for F1 Visa, OPT, STEM OPT Holders

The executive order signed today does not have any impact on the F1 Student Visa holders. If you are an F1 student trying to enter US for Fall 2020, you are fine to enter US. If you are an OPT or STEM OPT holder in US, you can continue to work on OPT and STEM OPT, there is no impact.  You can apply for OPT, CPT and STEM OPT as normal and this executive order does not have any impact on such visa holders. Also, if you are planning to apply for F1 visa to enter US for Fall 2020, you are free to apply as well, this does not impact you.

EO Ban Impact on TN, B1/B2, E3, O1, other Visas

The EO singed today does not have any impact on other visas like TN, B1/B2, E2, O1 or other visa types. You are free to apply for such visas or enter US on such visas. There are no restrictions as well to apply for petitions related to these visas with USCIS.

EO impact on Adjustment of Status, I-140, PERM

The executive order does not have any impact on the filing of any form or petition with USCIS like I-140 or Adjustment of Status using I-485. Also, you can go through PERM process as well, just that there will be more scrutiny with higher unemployment rate.

Those are the key parts of the executive order, see summary table below.

Summary of the Trump Executive order entry Ban in Table

Visa TypeLocationUS Visa Stamp, StatusImpact – Dec 31, 2020
H1B VisaOutside USNo H1B StampCannot enter US
H1B VisaOutside USHas Valid H1B StampNo impact
H1B VisaInside USValid I-797, I-94No impact
H4 VisaOutside USNo H4 StampCannot enter US
H4 VisaOutside USHas Valid H4 StampNo impact
H4 VisaInside USValid I-797, I-94No impact
H4 EADInside USValid EADNo impact
L1, L2 VisaOutside USNo L1, L2 StampCannot enter US
L1, L2 VisaOutside USHas Valid L1, L2 StampNo impact
L1, L2 VisaInside USValid I-797, I-94No impact
L2 EADInside USValid EADNo impact
H2B VisaOutside USNo H2B StampCannot enter US
H2B VisaOutside USHas Valid H2B StampNo impact
H2B VisaInside USValid approval, I-94No impact
F1, F2 VisaAnywhereDoes not matterNo impact
OPT, STEM OPTAnywhereDoes not matterNo impact
J1 VisaOutside USNo J1 StampCannot enter US
J1 VisaOutside USValid J1 StampNo impact
J1 VisaInside USValid status documentsNo impact
B1, B2AnywhereDoes not matterNo impact
TN,O1, E3AnywhereDoes not matterNo Impact
Filing USCIS Forms, DOL ProcessImpact
I-140, I-485 (AOS)No Impact
I-129 (H1B or L1 Transfers, COS, Extensions )No Impact
I-765 (EAD Applications)No impact
All other forms with USCIS, Biometrics, InterviewsNo impact

Exceptions for Travel Entry Ban for Non-immigrants

Below categories of Individuals are exempted from the Travel ban

  • Green Card Holders ( Lawful Permanent Residents )
  • Spouse or child of US citizens
  • Any foreigner seeking to enter US for temporary labor or services for US food supply chain.
  • Anyone whose entry is of national interest as determined by Consulate or State Dept.
  • It does not apply to asylum seekers or refugees and others who fall under similar circumstances.

In addition to the above executive order, president Trump also announced the below for further action by USCIS, Dept of Labor. Some of these have been there on their agenda, now they will push hard for these changes due to the economy.

Merit Based US Immigration System – H1B Program Changes

In the past Trump announced high level info on Point Based US Immigration System that is Merit driven, but it never went anywhere. Now, today they announced that they will plan to move to a Merit-Based Immigration System.  It will prioritize highest skilled workers and protect American jobs with below changes to H1B system

  • Reform H1B Visa program
  • Prioritize H1B workers with Highest wage to make sure highest skilled applicants are admitted
  • Fix the loopholes in the immigration and work visa programs to replace American workers

The changes to the program are not part of the Executive Order, it will be carried out by the respective agency such as USCIS and Department of Labor for the respective Changes. We need to wait and see, how it will impact. These are already part of Trump’s Unified Agenda from Fall 2019.

Common FAQs

When does the Executive order start entry Ban for H1B ?

It will be effective from 12:01 EST, June 24th, 2020. The previous executive order for immigrants visas will continue to be in effect as before.

Does it apply for Dropbox US Visa Stamping ?

Yes, it applies. If you fall under one of the listed visa categories, you cannot renew your visa.

Are the H1B, L1 program changes immediate ?

No, they will take time. It is just indicated by Trump that they will be reformed to protect American workers.

Is H4 EAD still valid ?Can I apply, extend ?

Yes, there is nothing that is stopping you from applying for H4 EAD as per the Executive Order. We have H4 EAD lawsuit going on at the moment and we are waiting for court and OMB.  

Use H1B Stamp from previous Employer to enter US ?

Yes, you can use your previous employer stamping to enter, as long as it is valid on the day of your entry. Check do I need new H1B stamp after transfer ?

Is H1B Entry ban going to last after Dec 31st, 2020 ?

We do know at this point. It may get extended as per situation. Too early to predict.

It is a huge blow to many stuck in their home countries with pending stamping and many with dreams to work in US from Oct 2020.

What do you think of the Executive Order ? Share your thoughts in comments ?

Reference : Official WhiteHouse EO – Ban H1B, L, J, Entry  and  H1B Immigration Changes

   

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Comments ( 194 )

  1. Syed Hasan

    Hi Kumar,

    I am an H1b visa holder(already in Us). My fiancee(currently living in Bahrain) and I were planning to get married in the US in the month of August this year. She has B1/B2 travel visa. She will stay here for 2 months and leave to complete her studies. Will this ban have any sort of impact on her travel?

    Thanks!

    1. Andrew

      I am currently on OPT and was selected in the H1B lottery this year. I chose Consular Processing in order to delay the start date of my H1B until 2021 (My OPT STEM work authorization is valid until early 2022)

      In light of the new EO, is there a way for me to change my Consular Processing application to Change of Status? I no longer want to take the risk of leaving the country just to delay the start of my H1B.

      Thanks!

      1. administrator
        Kumar

        Andrew,
        Why dont you continue on STEM OPT as you have time…Anyways, you can file for COS again with full petition, but the application will be looked in as if it is a new petition. Talk to your attorney.

  2. Arunava Dhar

    Hi Team,

    I have a valid VISA stamped (till April 2021) on my old passport, which is suppose to expire on November 2020.
    Now I have renewed my passport but have to renew the i94. Can I travel outside of US and comeback to update the i94. I do not need to go for VISA stamping.
    Please let me know

  3. David

    Hi Redbus2us Team,

    I have a L1A visa currently living in usa with wife and a kid both have L2 approved.
    My visa Expires on july 4th 2020, company filed for visa extension. case recieved by them on 22may 2020.
    my question is if my extension is approved,
    1. what will be the time period before I go for stamping (How long I can stay inside USA).
    2. is there any procedure I can update I-94.

    1. administrator
      Kumar

      David,
      1. You can stay in US as long as your I-94 and approval is valid. You can go anytime after the ban is lifted.
      2. If you filed an extension, it will come with updated I-94.

  4. Romit

    Hi,

    My STEM OPT expires next year July. My H1B was picked for FY2021 and is under process with USCIS (H1B USCIS CAP MAST COS). Will this be impacted by EO.
    My understanding is it will not impact it but I won’t be able to get stamped if I leave US before 31st Dec 2020.

  5. Rajinder Singh

    hi
    c21 visa class also ban ? i just waiting for my interview other paperwork is done. plzzz tell me i got my interview appointment?

  6. Vikas Garg

    I was laid off in April 2020 while on H1. I applied to change of status to H4 (i-539) on my wife’s H1 within 15 days of layoff. She is still on h1 and has approved i-140. In my passport I have a visa stamp from previous employer and valid i-94 till sep 2021.
    I am presently in the US. Does anyone know if my H4 COS application will be impacted by executive order of June 22, 2020. Will I have to go back ?

    Any information you can provide is greatly appreciated.

    1. administrator
      Kumar

      Vikas,
      It will not impact you as you are in US and it is filed with USCIS. No, you will be fine. No need to go back.

  7. Sree

    Hi Team,

    My wife and kids are in India right now. My wife and elder son has h4 valid visa stamped. We need to get visa stamping for 5 months old infant. Are there any exceptions for infants or do we need to still wait till January 2021 to get visa stamped?

    Thanks in advance.

    1. administrator
      Kumar

      Sree,
      As per the EO, there is no option to get it. You may try to contact consulate and see, if they can give exceptions. It clearly tells dependents “accompanying or following”.Your kid would fall under the “accompanying”. Check with US embassy and do update here on how it goes.

  8. Tarun Dahal

    I have applied I-130 for my parents on feb 15 2020, and it is in process. Does it affect i 130 process for parents of a US citizen?

  9. Walter Sandino

    Hi Kumar,
    Thank you for all the information you share. I have shared this page with many people. I have a question my spouse was approved a 212 waiver and we were just waiting for the new interview at the Embassy when the pandemic broke. Under what category or type this visa falls? I’m a U.S. citizen requesting the spouse that got stock in her country after the first interview. Some says the spouse of citizens are exempt at the same time I read any immigrant visa will be put on hold, etc. Thanks again. This page is very educative. Walter

  10. KR

    Hi,

    I’m on L1 Visa valid till 2022 and my wife and daughter are on L2 Visas valid till 2022. We came to India for the birth of our second child.
    Will i be able to get L2 Visa for my new born child ? If not, can i get a B2 visa for my child and travel back to US briefly (< 6 months)

    1. administrator
      Kumar

      KR,
      Unfortunately no. You can try for that. But, it can be risky as B2 is non-immigrant and L2 is dual intent visa. So, it can raise eyebrows and chances of denial…So, discuss with your attorney.

  11. Sangeetha R

    Hi,

    I have my H1b visa stamping in my passport valid until March 2021. I changed to H4 six months ago in the US. Now I am stuck in India and was supposed to get H4 stamping but could not get it due to lockdown etc.

    1. Am I eligible for H1 transfer?
    2. If yes, can I enter into the US with previous H1b stamping and new I-797?

    I really appreciate any responses.

    Thank you much!

    Sangeetha

    1. administrator
      Kumar

      Sangeetha R,
      1. Yes, you can.
      2. Yes, you may do that, if it is still valid. Discuss with your attorney before you proceed and then only plan.

  12. Aditya

    hi Kumar

    I L1A is being processed by my employer and the case is under review by USCIS. I have received RFE and also responded to it. Will USCIS reject it straight away or keep it under review till 31st Dec. Any guidance on this will be helpful

    1. RD

      Activities inside US at USCIS are being processed normally, if you get an RFE you can fight back as you would normally. This EO has nothing to do with USCIS center processing. They will be processing and approving h1b and all other petitions filed and sending out the results, its just that only those who will require stamping after the USCIS processing will have to wait until Ban is over.

      This EO basically means “Stamping Ban – for category of visa mentioned”.

      Even after your approval of L1A, if you need stamping then you cannot do it, if you can start working without stamp then you are good. I just don’t know this part.

  13. Ronnie

    This is Crazy news. I don’t know what benefits are found by not issuing the H4 Visa Stamping especially when Spouse is in US and minor US Citizen child is in India. From what I understand this is an extension of earlier 60 day immigration lock down. Not sure how F1 can apply for Stamping. From other sources I have seen, there is no restriction to apply for H4 visa when spouse H1 is in US though it is up to VO to issue Visa or not.

    1. Karthik Mani

      I have read in other forums that if the H1 is in US and H4 is waiting outside US for the consulates to be reopened for stamping, the H4s are not impacted by this travel ban. They still will be allowed for stamping when the consulates eventually reopen.

      1. administrator
        Kumar

        Karthik Mani,
        It is subject to interpretation. If you look at the EO Closely, it is clear that it applies to Dependents “Accompanying or following”. The following is the key, that applies to anyone trying to join their spouse on H1B.

    2. administrator
      Kumar

      Ronnie,
      Well, that is slightly ambiguous and they left it open. But, if you read the EO, it says “accompanying or following” to join. The second one is for the H4 holders planning to join them from outside of US.

      1. Ronnie

        From what I understand with that statement is that: if both are outside the country and are waiting for Visa stamping then both will not be eligible as spouse is accompanying the primary H1 holder. Please let me know if that interpretation is not correct. It’s hard to stay that long without your family members with you and not knowing when they would even come back. I might look for an alternative and apply for Visitor Visa and then go for change of status immediately after landing in country. I don’t like to do this but I have to.

  14. 221g feb 2020

    Hi Kumar,

    I went for H1B stamping on feb 2020. I got 221g and it is in refused status. What will happen in this situation?

    1. Vikas

      Refused is same as admin processing. Been in ur situation. Got approved and stamped in march.
      But after this ban, I am not sure what they do for inflight visas.

    2. administrator
      Kumar

      221g feb 2020,
      It is very likely that they will not stamp now as per the EO. They may return your passport or you can request for it. Try calling the consulate and do update here.

  15. Nivedha

    Hello Kumar,

    I submitted my passport on 16 March 2020 for H1B visa stamping. (It was in AP since 01 Nov 2019 and I finally got mail to drop passport in March).

    Based on this temporary suspension of H1B visas, I understand my passport won’t be stamped this year.

    So will they return the passport now?

    Also, I wonder if they will make any process changes in 2021 for visa stamping (incase suspension is not extended), will I have to go for visa interview again or provide more documents! Dicey situation. Can only wait and watch for the situation to unfold…

    Warm Regards,
    Nivedha.

    PS – This too shall pass. Stay safe everyone 🙂

    1. administrator
      Kumar

      Nivedha,
      You can request them to return it, they will return it then.
      Yes, it is tricky, we need to wait for things to settle down.
      It is tough situation for many…Stay positive !

  16. Bharat rathod

    Hi,

    I gave my passport for h1b stamping on March 9th 2020 and the current status says “No Status”. Since I submitted well before the executive order was signed, will I get back the passport with the stamping?

    1. administrator
      Kumar

      Bharat rathod,
      I doubt, if Consular officer would give it stamped, if they have not done it yet. Try to call them up. The EO limits them from issuing visas now.

  17. Hemant

    Hi Kumar ,

    I think it’s quite clear now that H1B Visa aspirants FY2021 who got selected in Lottery this year will be affected by the fact that they can’t fly to US earliest by 1st Oct 2020 , as if now this date has changed to 1st Jan 2021. The process of petition approval and other formalities will go with it’s own pace – PLEASE CONFIRM .

    Moreover, i want to know about the other theory – Reform H1B visa system, move towards merit based immigration. Will this be applicable for FY2021 also or it will be considered from next year . Please clarify.

    1. administrator
      Kumar

      Hemant,
      Yes, that’s right it will processed normally, only stamping is impacted.
      That will have to go through rule making process. It is a lengthly process, we need to wait and see how it goes. Can be few months at least, even if they do it really fast.

  18. Ash

    My husband is having valid stamped H1b visa and I’m also having valid H4 visa stamped. We both are stuck in India . Are we eligible for travel and entry in the US?

  19. Krish

    My H1b is extension 240 day rule is till Aug 24th and received an RFE, I am waiting for a project to submit RFE. Do I have to leave from USA? Or can I stay beyond August by applying H4 visa? By applying h4 visa can I stay or should it be approved?

    Appreciate your responses..

    1. administrator
      Kumar

      Krish,
      You can stay in the country, but cannot work after 240 days. As you do not have status, it maybe tricky to apply for COS….wait for decision and discuss with your attorney on this for backup options.

  20. Mostafa Mohiuddin Hasan

    Hi,
    I have two quick questions.

    1. I have Valid h1b till 2022 (my H1B picked last year), have visa stamping till Dec 21, 2020. and currently staying in USA, will it be any problem for me to bring my spouse in the USA in an H4B visa? My spouse has not faced the H4 visa interview yet. She will do it as soon as the embassy opens.

    2. Besides after EO, if someone comes here in B1/B2 visa, then get married to H1B visa holder, will there be any problem to do the COS from B1/B2 to H4….if it is possible then how long does it take for the COS ? Do you have any idea? Thanks for your help in advance

    1. Nik

      Having mostly same issue,

      I have H1B visa with valid stamp and i am still in India waiting for flights to start. But my spouse didn’t face any H4 visa interview yet.

      So is there any possibility she can get H4 visa stamping ?

      1. Dexter Dee Dee

        You can get back but she cannot, there is no stamping happening for visa category mentioned in EO. Doesn’t matter if you have a valid stamped visa and they are your spouse. Unfortunately No one is getting in if they need stamping.

    2. administrator
      Kumar

      Mostafa Mohiuddin Hasan,
      1. Yes. She cannot get visa stamping for h4 until Dec 31, 2020
      2. Well, this can be tricky as there can be issues at times with the intent of entry on B1/B2 as you seem to move to H4 after that. You should discuss with an attorney on this.

  21. Harsha

    Hi,
    My H1b is under processing. Currently I’m on my cpt and working in the us.
    I herd many cases where h1b is approved and change of status is denied.
    If my h1b gets approved and if my change of status gets denied, will I loose my cpt status and won’t be able to work?
    In that case , to get my stamping done for change of status I need to travel to India, but with the new eo I cannot get stamped if I go to India.
    Could you please explain what options I will have to continue working in USA.
    Thanks in advance.

    1. RD

      If you applied for COS, i highly recommend you to retract that and apply for Counselor processing. I am in the same boat and applied for counselor processing. Once you apply for COS and you COS is denied, it is sorta an automatic trigger that you are out of status and you will continue to be out of status until you leave the country as soon as possible for stamping. In counselor they don’t check to make sure you maintained your status and in counselor you can decide your H1B start date as you decide when to get the stamping done which officially starts the H1b Clock so in a situation like this that freedom is helpful and you can continue CPT without any issue.

      If you applied for COS they will ask about CPT and all kinds of proof. Ask you company and they can refile for counselor, given that your current application is not too far in the approval process and they haven’t gotten to COS part.

    2. administrator
      Kumar

      Harsha,
      Well, all of your stay post the denial of COS is technically considered unlawful, so you need make plans to leave. You should discuss with attorney in such cases.

    1. administrator
      Kumar

      NewH1B,
      No, it should not have any impact. Only issue is the entering US with H1B Visa, if you do not have it.

  22. Rahul Kumar

    what about cap exempt request will they process it as normal or is it going to on hold till Dec 20. My request is pending with uscis wanted to how it will impact pending petition requests.

  23. james

    I am In india.. came here for my H1B stamping done with interview in feb but my visa under administration process under 221-g, after that embassy has been closed.what is my visa situation.My H1b visa will expire in dec 2020.Is there any chance to approve 221-g case,any chance to go back to USA.please reply back.

    1. administrator
      Kumar

      james,
      Well, if you do not have the passport with Visa stamped as of the EO date, then you cannot get stamping done. You can only go back after the 221g is cleared and that may happen only after Dec 31st. We need to wait and see. Do share your update on what you hear from consulate. Write to them and update here as well for everyone benefit.

  24. Sachin

    I am on L1 visa currently in US and my spouse(approved L2 petition- un stamped visa) and minor child(US citizen) are currently in India. I understand L2 stampings are cancelled. Can my spouse apply for B2 visa once embassies open?

    1. administrator
      Kumar

      Sachin,
      It maybe possible, but again it can be tricky as L2 is dual intent visa and B2 is nonimmigrant, so it maybe tricky with visa interview. Discuss with your attorney.

  25. Karthik

    Hi sir,

    My H1B visa was in 221G processing, and submitted passport on March-16 in Chennai dropbox. Still no change in status, will I get the passport returned? If passport returned, Will I able to complete the remaining process after Dec 31?

    Thanks

  26. DJ

    Me and my spouse have valid H1B and H4 visa stamped till March 2022. However, when entering US in Jan 2020 this year, out i-94 was given only till Dec 2020 this year matching my passport expiry in dec 2020. Now I have new passport issued from consulate. Can I get i-94 extended inside US ? Also, what if I go to San Diego border and cross it? Will there be any impact because of this new rule ? Please : Visa is valid and stamped till 2022 on old passport.

  27. Seeker

    How are you saying the H4 will not be stamped or barred when the H1 b principal applicant is in US.. Thats like the departing the family, If the H1b is not covered under the ban , how can you be sure that the H4 will be covered under the ban ? Could you please double check on it as there is nothing mentioned about this scenario in the proclamation …

    1. Shankar

      I am in the same situation. Spouse is stuck in India and valid visa till June 30.
      And I am in USA with my H1B extension is in progress with USCIS

    2. administrator
      Kumar

      Seeker,
      Honestly, the Executive order says H1B and their dependents outside of US. There is no special clause that tells that there is an exception for H4 Spouses outside of US. If you look at the other, it says US Citizens Spouses and children are excluded, so there is no language as such. So, we can assume that it will be applied to H4 as well.

  28. Vishal

    My H1B visa is set to expire in Dec 2020. My current company has approved H1B to L1A conversion. I have a scheduled appointment for the same in Canada in Sep 2020. Will I be allowed to travel and re-enter on L1A visa, if approved?

    1. administrator
      Kumar

      Vishal,
      Very unlikely. If you travel out, you cannot enter. Also, the consulate may not honor the appointments with the new EO.

  29. Manash Kumar

    My wife has recently filed for a change in status from H1B to H4 (applied EAD along with it). The application has been accepted by USCIS. Please note that she is already in US and just filing for change in status. Her I-94 is valid till April 2021.

    Will she be denied H4 visa in this case, as no new H4 visas are being issued? And if so, does she need to travel back to India?

    1. administrator
      Kumar

      Manash Kumar,
      No, it will not impact her as it with USCIS and COS only. The ban applies only to applicants outside US. She does not need to travel, if COS is approved with I-94.

  30. Charles

    I want to start my internship early next year. Is it possible to apply for a J-1 visa during the time of the ban so that it is processed and ready in time before the internship starts (and the ban is not effective anymore)?

    1. administrator
      Kumar

      Charles,
      No, you will not be able to get the stamping during ban, unless they open up towards the later part of the year.

  31. Cherry

    I am in india and my husband is currently lives in US with valid L1 visa.
    And I don’t have L2 visa right now can I apply for L2 dependent visa??

    1. RD

      No you cannot, They have banned stamping. How ill you get a visa stamped ? It doesn’t really matter if your husband is in US or not, the fact is you require a stamp and that’s not possible.

      If you were in US you can most definitely apply but not from outside the US.

      As far as your husband is concerned, he will be having the time of his life 🙂 cheers and stop posting this repeatedly.

  32. Santoshi

    Hi,
    I have L1A visa and I am inside USA. However I need to update my i94 which ends a few months before my visa expiry. Can I update my i94?
    Thanks.

    1. Cherry

      I am in india and my husband is currently lives in US with valid L1 visa.
      And I don’t have L2 visa right now can I apply for L2 dependent visa??

  33. Ram

    “The issuance of new green cards will also remain halted through the end of the year” – Is this true? Saw on NDTV news…

  34. Juilatu

    Hello, my OPT visa is valid until 17 July but I could not leave US because of Covid-19 ‘s sistuation.

    Is it possible if I can continue to work or the company can hire me legally?

    Thanks a lot

    1. administrator
      Kumar

      Juilatu,
      No, you cannot work after July 17th, unless you have H1B pending with USCIS under cap gap. If they applied for H1B and it is pending, you can continue until Sep 30th as per cap gap provision.

  35. Aneesh Sodhi

    Would appreciate your help with the following question.

    I am a Canadian citizen.

    Moved to the US on L1 visa in April of 2010.

    I am currenlty single and looking to get married in September of 2020.

    Will my spouse (Canadian citizen currently working in Canada) be eligible to apply for an L2?

    Thanks,

    1. administrator
      Kumar

      Aneesh,
      No, your spouse will NOT be able to enter US on L2 visa. The US consulate will not issue L2 visa for your spouse.

  36. RAM

    Hi Kumar,

    My H1b was selected in lottery in june 2019 and my h1b visa is stamped on 19th Nov 2019. My employer thought of sending in 2020 March and by the time the pandemic started. Am I eligible for US entry as I have a stamped visa ? CN you please help with details.

  37. Bharat Lakhiyani

    Hi,

    I apologize for the long message in advance. Also, thank you very much in advance for your help in answering questions.

    Dec 2018: My H1B Petition denied

    Apr 2019: H1B did not get picked.

    Apr 2020: H1B picked
    Jun 2020: H1B Approved (No Change of Status) Since I was on CPT

    I am trying to apply for a change of status now due to this EO. Also, I was planning on getting married.

    Now, I have the following questions.

    1. Can I apply the change of Status through my employer?
    2. Can I apply it with premium processing?
    3. Does my visa get considered as rescinded?
    4. When I go to India for marriage, can I get a stamp on my passport?
    5. Can my wife also get a stamp on her passport?
    6. Can we both enter the USA together?

    1. administrator
      Kumar

      Bharat,
      1. Yes. The trick is getting approval of COS as you seem to be on CPT.
      2. Yes.
      3.not sure what you mean..what visa.
      4. No, you cannot until Dec 31, 2020
      5. No, same as above.
      6. Not on H1B and H4.

  38. H1b-Holder

    What about people who are inside USA with valid i797 and booked appointments for H1b stamping in Canada in Nov 2020 ?

  39. Sachu

    Thanks Kumar. I understand that entry is banned for H1B visa holders who do not have a valid stamp as on June 24, 2020. But if they are stuck in India at the moment, and the consulates open, can they go for stamping (and just that they cannot enter after that)? Or is it that they cannot go for stamping as well till Dec 31st?

    Same question for H1B applicants who were selected in the lottery in March 2020.

    1. administrator
      Kumar

      Sachu,
      As per today, there will not be an option to get stamping at consulates as well until the ban is lifted. They can go for stamping after Dec 31st, 2020. Yes, it applies to the new H1B holders too.

      1. Jay

        Kumar,

        Do you have an official statement that explicitly says there will be no H1b stamping of any sort through Dec 31st?

        The below statement from the proclamation says the ban only applies to people outside the US and who do not have a valid visa as of 24th. So technically the ban does not apply to people who are in the US with valid visas as of June 24th.

        “Sec. 3. Scope of Suspension and Limitation on Entry. (a) The suspension and limitation on entry pursuant to section 2 of this proclamation shall apply only to any alien 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;”

        1. RD

          You are in US and you decide to go for stamping, you board a flight and boom……now you fall in the pool of people outside US and as you said “ban only applies to people outside US “……..

          1. Jay

            outside the United States “on the effective date of this proclamation”. Does the second part not matter?

        2. administrator
          Kumar

          Jay,
          There is no explicit language that tells that, but if you read closely at the end they say ” Sec. 4. Implementation and Enforcement….”, it tells that Consular officer discretion and Secretary of state is directed to implement the same. Also, based on history, you can check USTravelDocs website, where it will tell the suspension of visa services for the previous immigrant visa applicants. So, going by the same, it is assumed that there will not be visa services for stamping for these categories. Again, we should wait for the USTravelDocs message, but based on experience, it is expected that there will not be visa appointments for these visa types.

        3. Jay Gopinathan

          “(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;”

          If you are out of the USA and if you do not have a valid Visa STAMPED in the passport, then it simply means you cannot get it stamped which you need to get back to the country. So if you only have a petition, you are in the banned category if you travel.

    1. administrator
      Kumar

      Srinivas,
      If you do not have H1B stamp on passport, you cannot enter US. You may do transfer with USCIS, but cannot get stamping or enter US.

      1. VVR

        My H1-B was revoked due to
        Lay-off while I was in India in April 2020. I do have valid H-1B stamp from previous employer until Jan 2022. Now can I apply for change of employer from outside US and enter US when approved? Is this case affected too? Thanks.

        1. administrator
          Kumar

          VVR,
          yes, if your visa is valid, you can re-use that, unless it was revoked for fraud. You can get transfer and re-enter.

    1. administrator
      Kumar

      abhi,
      They will not allow stamping in first place. If you have valid h1B visa stamp, you can exit and enter again, until when it is valid.

  40. Kantharaju

    Hi
    Have a quick question

    What happens or the condition for H4 extensions (applied in Jan 2020 and Biometrics done in Feb 2020) which are still processing without any status change.

    Thanks

    1. Ravi

      Whether you are H4 or H1B, if you are presently outside the US and you have not received a stamp on your passport by June 22nd, you will likely not be allowed to enter the US until the ban is lifted and consulates resume stamping services. If Trump wins the presidency, expect this timeline to be extended / program overhauled. Only time will tell.

    1. Prasanth Kumar

      No. H1B Overhaul can only be done through legislation, that is it needs to pass through Both Congress and Senate. Essentially Trump uses powers given to him under Section 221F, through which he can impose a Travel ban.

    2. administrator
      Kumar

      Curious,
      Well, they need to go through regulatory process. It can take time…If they do something without proper justification or process, there will be lawsuits.

  41. ABARNA BOOPESH

    My spouse went for H4 stamping and its in administrative processing in Srilanka US consulate. Indian consulates at that time had long wait time for stamping. Will they reject his stamping now? What will happen to his case?

    1. administrator
      Kumar

      ABARNA BOOPESH,
      They may not issue the visa now and return the passport as now the stampings are not going to be handled by Consulates until end of December 2020.

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