What we got from the immigration attorney: Proclamation regarding H-1B, L-1 and J-1


Estimated reading time: 3 minutes

H-1B, L-1 and J-1

According to the latest Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak, here is some helpful information that we have received from our NAFSA network, Mark B. Rhoads, who is the immigration attorney at McCandilsh Holton.

Disclaimer: This is meant to be a general guide and is not a substitute for the advice of an immigration attorney or a student’s specific International Student Office.

The White House has issued another Proclamation “Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak” effective June 24, 2020. It remains in effect through December 31, 2020. The Proclamation has far less of an impact than was rumored in advance of the Proclamation. Although early fears were that this Proclamation would have a wide impact on H-1B visa holders in the United States, this is not what happened. It only applies to those outside of the US on June 24, 2020, and restricts those individuals seeking to enter the United States in the following categories on new visa stamps issued after June 24, 2020:

  • H1B ;
  • H-4 dependents;
  • L-1;
  • L-2 dependents;
  • J-1 (but only J-1s who work as interns, trainees, teachers, camp counselors, au pairs, or summer work travel programs); and
  • J-2 dependents.

It does not impact at all those already in the United States in any one of these categories and does not revoke existing visas of individuals who are inside the US in any of these categories. They are all free to remain in the US and continue to work.
As a result, there is no impact on the ability to:

  • Change status to H-1B, including H-1B cap cases, within the US;
  • Extend H-1B status within the US;
  • Apply within the US to transfer H-1B status to a different employer;
  • Apply within the US for permanent residence.

Similarly, there is no impact on the ability to:

  • Change status L-1 or J-1 within the US;
  • Change status to H-4, L-2 or J-2 within the US;
  • Extend L-1 or J-1 status within the US;
  • Extend any of the H-4, L-2 or J-2 dependent categories within the US;
  • Apply within the US for permanent residence for L-1, J-1 or any of the dependent categories.

The primary impact will be on limiting international travel for those who do not currently hold a valid visa in any one of these categories. There will be no impact on international travel for the following individuals:

  • Permanent Resident Green Card Holders;
  • Spouse or children of US citizens;
  • Those with a valid visa stamp in one of these categories (H-1B, L-1, J-1 or their dependents);
  • Those with valid advance parole travel documents;
  • J-1s and J-2s seeking to enter as Professors, Scholars or Medical Residents/Fellows; and
  • Canadian citizens, who are exempt from needing visa stamps in any of these categories.

Processing of applications will continue in the US for ALL visa categories, including permanent residence.
For more information, please contact https://www.lawmh.com/

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