Who's Blocked From Entering the U.S. Under the Latest Immigration Bans?
President Trump recently signed an executive order effective from June 24th which halts many visa working programs until the end of 2020. Additionally, on July 6th the Trump administration announced that international students studying at U.S. universities cannot remain in the U.S. if they resume their studies fully online, only to then make a U-turn on that decision on July 14th. So, currently what is the impact of these bans on internationals hoping to work, study, or remain in the U.S.? Let's discuss...
Proclamation Suspending Entry of Immigrants Who Present a Risk to the U.S. Labor Market
Why was the proclamation signed?
The June proclamation suspending the entry of immigrants on working visas was signed as immigrant workers are seen as a significant threat to employment opportunities for Americans affected by the extraordinary economic disruptions as a result of the COVID-19 outbreak.
Which visa holders are affected by the June visa ban?
The Migration Policy Institute estimates that approximately 167,000 temporary workers will be unable to enter the U.S. to work as a result of the new restrictions. Here is a list of the visas affected and certain jobs which are included in Trump's proclamation.
H-1B visas
H-1B visa holders are unable to enter the U.S. under the June ban, this category covers workers who are in specialty occupations with a bachelor’s degree. Traditionally, H-1B visa holders have filled an employment gap in the U.S. labor market for science, technology, IT, engineering, and mathematic (STEM) job roles.
J-1 visas
The June travel ban prevents J-1 visa holders from entering the U.S. to work. The J-1 visa is a non-immigrant visa issued by the United States to exchange visitors participating in programs that promote cultural exchange programs. Impacted J-1 roles include trainees, interns, teachers, camp counselors, and other summer work-related roles.
L-1 visas
L-1 visa holders outside the U.S have been impacted by the latest immigration restrictions. L-1 non-immigrant visas enable companies outside the U.S. to transfer employees who have been working for the organization for at least a year to transfer to work in an existing U.S. office. The L-1A visa includes business owners and managers with specialized knowledge. The L-1B visa covers workers with specialized knowledge in companies’ services such as an Executive.
Who is exempt from the COVID-19 visa bans?
The ban restricts the entry of individuals on the above working visas unless they had previously held a valid visa stamp prior to the order on June 24th 2020. Individuals who are already in the U.S. on employment visas are not affected.
What is ICE’s International student ban?
U.S. Immigration and Customs Enforcement (ICE) recently announced a rule which prohibits international students (F-1 or M-1 visa holders) from returning to or remaining in the United States if their colleges adopt online classes only instead of in person classes for fall 2020.
The rule stated that F-1 students would be allowed to remain in the country if they attend a school in which some courses are online and some are in-person, however, M-1 students were not eligible for this exemption. However, 17 states and numerous universities including Harvard heavily protested and sued the administration over this new rule, claiming it was a push to pressure schools to reopen and not in schools and students best interests.
As a result of the growing backlash against this visa ban, on June 14th it was announced that the Trump Administration dropped the controversial pandemic student visa policy and students can maintain their visa status regardless if classes are online or in person. This is welcomed by U.S universities and international students with relief as it was predicted that the COVID-19 international student restrictions could’ve affected approximately one million students.
So, what have we learnt from the latest immigration visa restrictions?
Overall, June and July have sent widespread shockwaves internationally and uncertainty regarding international workers’ and students future in the U.S. Regulations and policies are constantly adapting at a rapid pace, therefore it is important not to make any rash decisions immediately when new visa restrictions are announced, which the overturning of the pandemic student visa policy highlights. If COVID-19 cases begin to decline we may witness changes to these temporary immigration bans, until then be sure to keep an eye on our COVID-19 state by state updates page to keep on track of relevant COVID-19 employment news.
Disclaimer: The information provided here does not, and is not intended to, constitute legal advice. Instead, the information and content available are for general informational purposes only.