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               Researh Sevice





COVID-19-Related Suspension of

Nonimmigrant Entry



Updated June 29, 2020

On June 22, President Trump issued a proclamation (amended on June 29) suspending the entry of foreign
nationals (aliens) in certain nonimmigrant (temporary) visa categories that allow foreign nationals to
work in the United States. Citing the high unemployment rate resulting from public health measures to
reduce the spread of COVID- 19, the proclamation suspends the entry of foreign nationals -and their
accompanying family members-on H- 1B, H-2B, J, and L visas, with some exceptions.
This proclamation follows Proclamation 10014 from April 22 (which it extends through December 31,
2020) suspending the entry of permanent immigrants (see CRS Insight IN11362). In Proclamation 10014,
President Trump directed the Secretaries of Labor and Homeland Security to review nonimmigrant
programs and recommend measures to prioritize the hiring of U. S. workers. According to the June 22
proclamation, the Secretaries found that admitting temporary workers in the aforementioned categories
poses a risk of displacing and disadvantaging United States workers during the current recovery.

The President cited two immigration-related legal authorities. Under Section 212(f) (8 U.S.C. § 1182(f)) of
the Immigration and Nationality Act (INA), the President may suspend immigration when it would be
detrimental to the interests of the United States. Under INA §215(a) (8 U. S.C. § 1185(a)) the President
may prescribe limitations and exceptions on who may enter or depart the United States.

How long will the suspension last?

The proclamation suspending the entry of foreign nationals in certain nonimmigrant visa categories
remains in effect from June 24, 2020, through December 31, 2020, with the possibility of continuation
thereafter. Beginning 30 days after the effective date, and every 60 days thereafter, the Secretary of
Homeland Security, in consultation with the Secretaries of Labor and State, may recommend changes to
it.

Who is includedin the suspension?
Section 2 suspends the entry of nonimmigrants in these visa categories:
       H-1B (specialty occupation workers);

                                                              Congressional Research Service
                                                                https://crsreports.congress.gov
                                                                                   INI 1435

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