At the outset, here is what you need to know:
- Most domestic immigration – H-1Bs, L-1s, Os, Ps and all other forms of nonimmigrant visas including,
- H-1B CAP filings are unaffected
- Change of Employment and Extensions of nonimmigrant status can continue without any disruption
- Dependents can continue to extend status
- H-4 and L-2 dependents may continue to apply for EADs and Extensions
- EAD cards are unaffected and extensions will continue to be processed
- Immigrant Petitions (I-130s and I-140s) and Applications to Adjust Status (I-485) may continue to be filed
- PERM and other Labor Certification processes are unchanged
- Anyone already granted an immigrant visa may travel to the U.S.
- Anyone possessing a valid travel document (Advance Parole) can reenter the U.S.
The proclamation has the effect of suspending and limiting the entry of any individual seeking entry pursuant to any of the following nonimmigrant visas
(a) an H-1B or H-2B visa, and any individual accompanying or following to join such individual;
(b) a J 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 visa, and any individual accompanying or following to join such individual.
The proclamation shall apply only to any individual who:
(i) is outside the United States on the effective date of this proclamation;
(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.
The suspension and limitation on entry pursuant to section 2 of this proclamation shall not apply to:
(i) any lawful permanent resident of the United States;
(ii) any individual who is the spouse or child, as defined in section 101(b)(1) of the INA (8 U.S.C. 1101(b)(1)), of a United States citizen;
(iii) any individual seeking to enter the United States to provide temporary labor or services essential to the United States food supply chain; and
(iv) any individual whose entry would be in the national interest as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.
The proclamation is effective immediately, and shall expire on December 31, 2020, and may be continued.