Amendment to Proclamation Suspending Nonimmigrant Entries

On June 29, 2020, President Trump issued an amendment to Proclamation 10052 of June 22, 2020 (Suspension of Entry of Immigrants and Nonimmigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak).

The amendment changes Section 3(a)(ii) to read as follows:

“(ii)   does not have a nonimmigrant visa, of any of the classifications specified in section 2 of this proclamation and pursuant to which the alien is seeking entry, that is valid on the effective date of this proclamation; and”

This provision previously read as: “(ii)   does not have a nonimmigrant visa that is valid on the effective date of this proclamation; and” in the original Proclamation.

Under the new amendment, having a valid visa on the effective date (June 24, 2020) alone, such as a B-2 visa, is not sufficient to exempt you from the Proclamation. The visa must be a valid H-1B, H-2B, L, or certain J visas, and you must be entering the United States pursuant to that visa to qualify for an exemption. Even if you had a valid H-1B, H-2B, L or J visa on the effective date of the original Proclamation (June 24, 2020), based on a literal reading of the amended section, you may not be able to get a new visa if you were outside the United States on June 24^th, 2020.

Notwithstanding this amendment, the proclamation still does not apply to a person who was in the United States on June 24, 2020.