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.
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 Type||Location||US Visa Stamp, Status||Impact – Dec 31, 2020|
|H1B Visa||Outside US||No H1B Stamp||Cannot enter US|
|H1B Visa||Outside US||Has Valid H1B Stamp||No impact|
|H1B Visa||Inside US||Valid I-797, I-94||No impact|
|H4 Visa||Outside US||No H4 Stamp||Cannot enter US|
|H4 Visa||Outside US||Has Valid H4 Stamp||No impact|
|H4 Visa||Inside US||Valid I-797, I-94||No impact|
|H4 EAD||Inside US||Valid EAD||No impact|
|L1, L2 Visa||Outside US||No L1, L2 Stamp||Cannot enter US|
|L1, L2 Visa||Outside US||Has Valid L1, L2 Stamp||No impact|
|L1, L2 Visa||Inside US||Valid I-797, I-94||No impact|
|L2 EAD||Inside US||Valid EAD||No impact|
|H2B Visa||Outside US||No H2B Stamp||Cannot enter US|
|H2B Visa||Outside US||Has Valid H2B Stamp||No impact|
|H2B Visa||Inside US||Valid approval, I-94||No impact|
|F1, F2 Visa||Anywhere||Does not matter||No impact|
|OPT, STEM OPT||Anywhere||Does not matter||No impact|
|J1 Visa||Outside US||No J1 Stamp||Cannot enter US|
|J1 Visa||Outside US||Valid J1 Stamp||No impact|
|J1 Visa||Inside US||Valid status documents||No impact|
|B1, B2||Anywhere||Does not matter||No impact|
|TN,O1, E3||Anywhere||Does not matter||No Impact|
|Filing USCIS Forms, DOL Process||Impact|
|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, Interviews||No 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.
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.
Yes, it applies. If you fall under one of the listed visa categories, you cannot renew your visa.
No, they will take time. It is just indicated by Trump that they will be reformed to protect American workers.
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.
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 ?
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 ?