If you’ve been keeping count, the President has now issued three different proclamations restricting visa issuance and entry of noncitizens allegedly presenting a risk to the U.S. labor market in the wake of COVID-19. They are:
- Version 1.0 (Apr. 23): President issues Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak (Proclamation 10014). This focused mostly on immigrants.
- Version 2.0 (June 22): President issues Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak (Proclamation 10052). This focused mostly on nonimmigrants.
- Version 3.0 (June 29): President issues Proclamation on Amendment to Proclamation 10052. This amends critical details related to the Version 2.0.
Version 2.0 suspends and limits the entry of any individual seeking entry pursuant to any of the following nonimmigrant visas:
(a) an H-1B (specialty occupation) or H-2B (temporary non-agricultural worker) visa, and any individual accompanying or following to join such individual;
(b) a J (exchange visitor) visa, to the extent the individual is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any individual accompanying or following to join such individual; and
(c) an L (intracompany transferee) visa, and any individual accompanying or following to join such individual.
Version 2.0 limited its scope to only an individual who:
(i) is outside the United States on the effective date of this proclamation (June 22);
(ii) does not have a nonimmigrant visa that is valid on the effective date of this proclamation; and
(iii) does not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission.
Now, version 3.0 has broadened the scope to cover any individual who:
(i) is outside the United States on the effective date of this proclamation (June 22);
(ii) does not have a nonimmigrant visa, of any of the classifications specified in section 2 (i.e., certain H, J, and L visas) and pursuant to which the alien is seeking entry, that is valid on the effective date of this proclamation (June 22); and
(iii) does not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission.
In sum, version 2.0 appeared to allow H, J, or L visa issuance and entry to individuals abroad on June 22 who on that date had a valid visa in any classification, such as a B1/B2 (visitor) or F-1 (student). But version 3.0 clarifies that individuals abroad on that date who lacked a valid H, J, or L visa are covered by the ban.
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