Copyright © 2020 SWLGPC, All Rights Reserved, President Trump’s Proclamation Suspending Entry of H-1B, L-1, and J-1 visa Applicants and Extending the Entry Suspension of Immigrant Visa Applicants, DHS Issues Final Rule Regarding H-1B Cap Lottery, Department of Labor Issues Implementation Guidance After Prevailing Wage Interim Final Rule Blocked, U.S. District Court Strikes Down H-1B Visa Restrictions, DHS Proposes Significant Changes to H-1B Cap Selection Process, DOL and DHS Publish Interim Rules Regarding Wage Requirements and Regulatory Criteria for H-1B. On March 20, 2020, U.S. embassies and consulates suspended all routine immigrant and nonimmigrant visa services. 7 minutes. In Proclamation 10014 of April 22, 2020 (Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the … The U.S. Department of State, Bureau of Consular Affairs, has issued official guidance regarding the recent court injunction of the June 22nd Presidential Proclamation (PP 10052). A:  Maybe. Trump Moves to Temporarily Suspend New H-1B, Other Visas Amid Covid-19 Pandemic Tech-industry officials warn the decision would cramp companies’ ability to recruit top talent to the U.S. A: (for Japanese nationals) If you qualify for an E visa and if your company has already registered as an E visa company with the U.S. Embassy in Japan, you should consider switching to an E visa since the E visa is NOT part of the ban. It does not apply to anyone already in the U.S. Many other white collar visa programs could be stalled by the suspension, including the L-1 program for company transfers, and the B-1 visa to allow foreign workers to visit but not work. Currently, other than emergency appointments, the U.S. Embassies around the world are closed. Trump advisor Stephen Miller, who has repeatedly pushed for crackdowns on immigration, and Department of Homeland Security official Ken Cuccinelli led the plan. J-1 Exchange Visitor programs include au pairs, summer work travel, interns, high school and university student exchanges, physician exchanges and … President Trump Just Suspended the Tech Industry's Favorite Visa The administration said the move will give US workers access to an additional 525,000 jobs. At this point, there has been no clarification with respect to whether the U.S. Embassy will interview you to issue a new I-129S with an extended PED. Latest News on J-1 Exchange Visitor Programs. The proclamation could target J-1 visas or other cultural or work exchange programs. The US Bureau of Education and Cultural Affairs says the decision will be reviewed after the initial period, with a … Get this delivered to your inbox, and more info about our products and services. While the White House has not made a final decision on the policy, it could be finalized by this week, before a planned Trump campaign rally in Tulsa on Saturday. White House drafts executive order to suspend J-1 visas. Emergency visa services will still be available on a case-by-case basis. The proclamation will suspend H-1B visas for specialized highly skilled workers, most H-2B visas for nonagricultural seasonal workers, most J-1 visas for exchange visitors, and the L-1 visa used by companies to internally transfer foreign employees to the US, according to a senior Trump official who spoke with reporters on Monday. For the above categories, the U.S. Embassies abroad will NOT issue you a new visa stamp, UNLESS YOU FALL UNDER ONE OF THE EXEMPTIONS explained below. A:  The consular officer has discretion to make this determination on a case by case basis. My I-94 is still valid. If you need to leave the U.S., you WILL NOT BE ALLOWED TO RE-ENTER THE U.S. unless you obtain a new visa stamp. you can stay in the United States. We don’t believe this will be the case for the exception listed above, however. White House drafts executive order to suspend J-1 visas The Trump administration has drafted an executive order to suspend new temporary work … H-4 visas are given to spouses of H-1B visa holders. You CAN GO TO THE U.S.  As always, please be prepared to fully explain your situation at the port of entry. How can I extend my status? A:  If you are already in the U.S. in another status (like F-1) and requested change of status, then your status will be automatically updated to H-1B once your petition is approved or on 10/1/20, whichever is later. J-1 students who are seeking to apply for a visa and believe they may qualify for an NIE should contact their nearest U.S. Embassy or Consulate before they attempt to travel to and enter the United States. If the appointment and adjudication is DENIED, you won’t have a denial of a visa since there is no interview. International Student Services is deeply concerned about the current coronavirus outbreak and sincerely hope that you, your families, and your friends have not been directly impacted. Can I apply for another visa type category instead, like an E? Yes. j1 visa suspension category archive. New Travel Ban will not apply to Visa holders already in the USA The new travel ban will not impact that outside who have already been issued valid visas In addition to the H-1B visa, the suspension could apply to the H-2B visa for short-term seasonal workers, the J-1 visa for short-term workers including camp counselors and au pairs and the L … It could receive blowback from the travel industry, restaurants and other sectors that rely on temporary work visa programs. My non-immigrant visa is still valid. For a full discussion of this prior proclamation, see our article here. The US Bureau of Education and Cultural Affairs says the decision will be reviewed after the initial period, with a further 30 day suspension possible. For the vast majority of H-1B applicants, we believe that you will not be able to enter the United States at least until 2021, if not longer. Q:  I currently hold a valid E, O-1, F-1, B-1, B-2, E-3, K-1, K-3, M-1, P, Q, or R visa and I am in the U.S. Are outside of the United States on June 24, 2020; Do not have a nonimmigrant visa that is valid on June 24, 2020; or. The health, safety, and well-being of our international students, staff & faculty, and broader UW community are our priority. Texas A&M … Does this proclamation affect me? The J1 Visa programme has been temporarily suspended for 60 days after President Trump declared the Covid-19 pandemic a national emergency. Trump administration suspends work visas 06:58. Do not have an official travel document that is valid on June 24, 2020 or issued on any date thereafter that permits him or her to travel to the United States. Does my claim that without my presence in the U.S., our company will lose millions of dollars fit within the exception of my entry would support “continued economic recovery”? A:   YES. The criteria for obtaining an emergency interview is similar to the last exception. Here are some answers to frequently asked questions: Q:  What does the proclamation really mean? It is not clear at this point how and when new regulations will be promulgated or what they will contain. All L visas are suspended. Each consular officer and or section will have the right to unilaterally decide on whether a foreign national meets the exception. A:  Yes. Through a proclamation issued 20 days before Inauguration Day, Mr. Trump ordered a three-month extension of the visa restrictions, which were first enacted in … As noted above Proclamation orders Department of State and USCIS to issue specific standards and additional clarification defining these categories. President Trump on Monday extended a freeze on green cards for new immigrants and signed an executive order to suspend new H-1B, L-1, J and other temporary work visas for … That being said, you must be able to have an interview at a U.S. Embassy. Q:  I have an emergency appointment scheduled for a restricted nonimmigrant visa. However, if you are accorded an interview and then denied, it will count as a visa denial; thus, most likely barring you from using ESTA in the future. But you cannot travel internationally unless you are able to convince a consular officer that you meet one of the exemptions. A: Yes. This story is developing. President Trump’s Proclamation Suspending Entry of H-1B, L-1, and J-1 visa Applicants and Extending the Entry Suspension of Immigrant Visa Applicants On Monday, June 22, President Trump issued a proclamation effective on midnight June 24, 2020, suspending the entry of H-1B, L-1, and J-1 visa applicants, and extending the existing suspension of entry of immigrant applicants until … Once we receive these, we will update with additional information as soon as possible. The entry ban does not apply to anyone who already has a valid visa stamp, as long as it was issued before 6/24/20. I was planning on going to the U.S. next month. The proclamation also orders the Secretary of Labor to consider issuing regulations or other actions to ensure that the presence of aliens who have been admitted to the United States or otherwise provided a benefit, or who are seeking admission or a benefit, pursuant to an EB-2 or EB-3 immigrant visa or an H-1B nonimmigrant visa, does not “disadvantage” United States workers. Can I stay? A:  We recommend you extend your nonimmigrant status by filing an extension application with USCIS in the U.S. and continue to stay in the U.S. Only U.S. government-sponsored J-1 visa programs were temporarily suspended in March 2020 for 60 days as a result of the COVID-19 pandemic. If someone wants to obtain an INTERVIEW FOR ANY TYPE OF VISA, you must contact the Embassy and ask for an emergency interview. As soon as we receive an update, we will update our FAQ’s. Once they open, you can apply. Q:  Are L-1 blanket visa applications at the U.S. Embassies also suspended until end of 2020? USIT, which oversees the J1 process in Ireland, has opened its summer programme for 2021. What will happen to my emergency interview appointment? Routine visa services will resume as soon as possible, but a specific date at this time cannot be provided. Q:  If I have a pending H-1B cap petition, does the Proclamation affect me? InterExchange is a member of a named plaintiff association, the U.S. Chamber of Commerce. A:  Since you have a valid visa stamp, you can travel. Important Announcement on H2 Visas. The move would further the Trump administration's nativist bent: the White House would justify the order by arguing American citizens should hold the jobs as the unemployment rate stands above 13% following coronavirus lockdowns. H-2B visas apply to seasonal workers. The J1 Visa programme has been suspended for 60 days. Q:  I currently have one of the following visas (H-1B, L-1A, L-1B, J-1 or their dependents) and I am in the UNITED STATES. We don’t know yet, but if your interview is NOT cancelled, we believe that you should cancel your interview UNLESS you meet one of the listed exceptions and can clearly PROVE you meet them. Suspension of Routine Visa Services. Q: I am currently in the U.S. in one of the above categories of visas in lawful status. A Division of NBCUniversal. It would not rescind previously issued visas. All Rights Reserved. The suspension may also hit the “Curricular Practical Training” program that allows foreign students to … The Bureau of Educational and Cultural Affairs said the decision would be reviewed after the initial period with a further 30 day suspension possible. While Trump supports the effort, it has received mixed reception from other top advisors. There does not seem to be any distinction made for applications made under a blanket program. © 2021 CNBC LLC. It may include exceptions for some companies that can prove a specific need. However, its one-year graduate visa programme for 2021 is currently "on hold at the moment". Specifically, the suspension applies to applicants for H-1B, H-2B, and L-1 visas; J-1 visa applicants participating in the intern, trainee, teacher, camp counselor, au pair, or summer work travel programs; and any spouses or children of covered applicants applying for H-4, L-2, or J-2 visas. At this point, we believe that if a client wishes to schedule an emergency appointment for a restricted visa, they should contact the U.S. Embassy, request both an emergency appointment AND an exception adjudication. If you feel that you qualify for an exemption, you may want to try to obtain an emergency interview with an explanation of the exemption. A:  YES. The White House is working on an executive order to suspend the issuance of certain overseas work visas, three sources told CNBC. The best solution if YOU ARE in the United States, is to apply for an extension application with USCIS in the U.S. instead. The suspension applies only to applicants who: Furthermore, this proclamation extends a previous proclamation (dated April 22, 2020) suspending the entry of immigrant visa (“green card”) applicants. USIT, which oversees the J1 process in Ireland, expects to know more early next week after it … Also, if you are outside the U.S. waiting for H-1B approval, you are subject to the ban and cannot enter the U.S. unless the consulate accepts an emergency appointment AND they accept your explanation for an exemption. Q:  I am outside the U.S. but I’ve already been issued my nonimmigrant visa stamp in my passport. Q:  I am in the U.S. under L-1 blanket status, and I was planning on traveling abroad to renew my blanket status as my PED is about to expire. However, in Japan, emergency interviews seem to be scheduled very liberally. Q:  I am outside the U.S. and was waiting for an interview slot for a H-1B, L-1A, L-1B, J-1 or their dependents visa. US president Donald Trump has extended immigration restrictions, banning the J1, H1B and other visa programmes until the end of the year. CARSON CITY, NEVADA (KLAS) — Nevada Governor Steve Sisolak sent a letter to President Trump urging him to reverse course on his suspension of the J-1 visa program for educators. critical to defense, law enforcement, diplomacy, or national security of the US; involved with provision of medical care to patients who contracted Covid-19; involved with medical research at U.S. facilities to combat Covid-19; or, “necessary to facilitate the immediate and continued economic recovery of the U.S.”. Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak. There is currently a world wide suspension in visa applications due to Covid-19. Data is a real-time snapshot *Data is delayed at least 15 minutes. Updated: October 26th, 2020. An F-1 visa is a student visa while a J-1 is for “exchange visitors”. It also does not apply to E visas, F-1 visas, or O-1 visas. If your I-94 is expiring within 6 months, we recommend that you extend while staying in the United States, with USCIS, if possible. The J-1 Visa offers cultural and educational exchange opportunities in the United States through a variety of programs overseen by the U.S. State Department. Inasmuch as we lack any information about adjudication standards, our current opinion is NOT based on any instructions from the U.S. Embassy. Sign up for free newsletters and get more CNBC delivered to your inbox. The suspension will not affect those already in the US on the visas. Will my interview be cancelled now? A:  It bans issuance of new visas at U.S. Embassies outside the U.S. for H-1B, L-1A, L-1B, J-1 visas and their dependents. Can I travel and return to the U.S.? Please contact SWLG to discuss the specifics. Please check back for updates. On Monday, June 22, President Trump issued a proclamation effective on midnight June 24, 2020, suspending the entry of H-1B, L-1, and J-1 visa applicants, and extending the existing suspension of entry of immigrant applicants until December 31, 2020. Q:  I am outside the U.S. and am waiting for my scheduled interview for a restricted nonimmigrant visa? Tag: j1 visa suspension Come along on the Greenheart journey with stories of exotic locales, courageous individuals, and uplifted communities from every branch of … If an NIE is approved, they may travel on either a valid visa or ESTA authorization, as appropriate. The Trump administration has drafted an executive order to suspend new temporary work visas for overseas hires, three sources told CNBC. The Proclamation orders Department of State and USCIS to issue specific standards and further guidance. For the vast majority of our clients, we believe that the most common exception will be the last one regarding aliens necessary to facilitate the immediate and continued economic recovery of the U.S. A:  (For Japan) At this point, the U.S. Embassies are closed for regular business. Got a confidential news tip? The country’s Bureau of Educational and Cultural Affairs of the US Department of State announced that several programs, including a J1 visa, will be temporarily suspended. The reason for this is that we believe that if you don’t meet the exception, the U.S. Embassy will deny your case, and if you are from an ESTA country, you may be barred from using ESTA in the future. How can I renew my visa stamp? The Nevada Department of Education employs around 250 educators on J-1 visas at any given time. Can I go to the U.S.? We will update with additional information as soon as we can. Q:  Do any of the exceptions listed in the Proclamation (i.e., entry would be in the “national interest” or facilitate “continued economic recovery”) apply to me? Update on Visas for Medical Professionals. Once that is lifted and visa applications resume, it is likely that denial rates will increase and processing times will be substantially extended for Chinese applicants that may be subject to these restrictions. The Trump administration has not made a decision on whether to implement the plan but could finalize it this week. Q: I am applying for E, O-1, F-1, B-1, B-2, E-3, K-1, K-3, M-1, P, Q, or R  visa, and I am outside of the U.S.  Can I apply for one of these visas at a U.S. embassy? Au Pairs have arrived from two countries since the J1 visa suspension began (representing over 100 Au Pairs available now), and three other countries have approved Au Pair J1 visas! The Trump administration on Monday announced it will suspend certain visas that allow foreigners to move to … Global Business and Financial News, Stock Quotes, and Market Data and Analysis. We are closely monitoring the progress of Au Pairs applying in additional countries and encourage families to contact our office for the latest updates. The US, J1 summer visa program will be suspended for 60 days after US President Donald Trump proclaimed the COVID-19 pandemic a national emergency, last night. I have a valid L-1 visa stamp. UT-Austin had 1,220 international students using either H-1B or J-1 visas in 2019, according to the Institute of International Education. Ban Applies to H1B Visa, H2B Visa, J1 Visa including au-pairs and L1 Visas Travel freeze applies to H4 Visa Holders as well. Q:  I am in the U.S. in H-1B, L-1A, L-1B, J-1 or their dependents, and my nonimmigrant visa stamp is about to expire. We want to hear from you. The proclamation doesn’t affect you. 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