Late Monday night, the White House posted an amendment to the June 22 proclamation to clarify the scope of the order.

Key points:

  • The “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak” took effect on June 24 and is scheduled to expire Dec. 31, 2020.
  • Last night, the White House amended that proclamation to clarify that foreign nationals who were outside the U.S. on June 24 and held valid nonimmigrant visas in unrestricted categories (e.g., B-1/B-2, F-1), are subject to the proclamation and may not obtain visas in suspended categories (e.g., H-1B, H-2B, L-1, J-1) unless they qualify for an exemption.

BAL Analysis: The government has not yet provided official guidance on how the federal immigration agencies will implement the new proclamation. Statements by agency representatives on social media platforms suggest that certain key issues remain unresolved. BAL is continuing to monitor for guidance on implementation of the new restrictions and will provide additional analysis as more information becomes available.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

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