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Guidance on Presidential Proclamation of June 22, 2020

Updated August 18, 2020

GENERAL INFORMATION

On June 22, 2020, the Trump administration released an order entitled “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak.” The basis of the proclamation is ostensibly to address current high unemployment rates for U.S. workers during the COVID-19 pandemic and impacts broad employment sectors including higher education. The effective date of this Proclamation is June 24, 2020. It will be in force through December 31, 2020 and may be extended beyond that date.

The Office of International Services (OIS) will update this web page should new or updated information become available. Note: the information below is for general information purposes only.  Please consult with an advisor in OIS about your specific circumstances well before finalizing any international travel plans.

SCOPE OF PROCLAMATION

This Proclamation extends the validity from June 22, 2020 to December 31, 2020 of prior Proclamation 10014 issued on April 22, 2020 entitled “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak.” This proclamation temporarily suspended entry of certain new immigrants who do not already have an approved immigrant visa.

The June 22, 2020 Proclamation goes further to suspend the entry to the U.S. of certain individuals on the following nonimmigrant visas:

  • an H-1B or H-2B visa, and any alien accompanying or following to join such alien;
  • a J visa, to the extent the alien is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any alien accompanying or following to join such alien; and
  • an L visa, and any alien accompanying or following to join such alien.

Suspension of entry applies only to an above-named individual who:

  • is outside the United States on the effective date of this proclamation;
  • does not have a nonimmigrant visa that is valid on the effective date of this proclamation; and
  • 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.

Suspension of entry specifically excludes:

  • any lawful permanent resident of the United States;
  • any alien 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;
  • any alien seeking to enter the United States to provide temporary labor or services essential to the United States food supply chain; and
  • any alien whose entry would be in the national interest as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.

PROCLAMATION IMPACT AT JOHNS HOPKINS

OIS has communicated directly with all J-1, F-1, and H-1B individuals who are currently under JHU sponsorship or are in the process of obtaining sponsorship.

J-1 Exchange Visitors:

  • The order does not impact J-1 exchange visitors sponsored by JHU. The J-1 categories used at JHU include professor, research scholar, short-term scholar, specialist, and student, and none of these categories were listed in the order.
     
  • Additionally, the J-1 Alien Physician category used by the Educational Commission for Foreign Medical Graduates (ECFMG) was also not included.
     
  • OIS will continue to process J-1 initial applications, extension requests, J-1 transfers and amendments.

F-1 Students:

  • The order does not impact F-1 students, including those on OPT or STEM OPT.
     
  • OIS will continue to process F-1 requests as usual.

H-1B Temporary Workers:

  • The order does impact new H-1B temporary workers who are outside the U.S. and do not have a valid, unexpired nonimmigrant visa stamp in their passports as of June 24, 2020. Dependents would also need to have a valid nonimmigrant visa stamp in their passport as of June 24, 2020. OIS is communicating directly with impacted individuals and their departments with guidance tailored to their circumstances.
     
  • Individuals who are presently abroad and who have a valid nonimmigrant visa stamp in their passport as of June 24, 2020 should not be subject to this suspension of entry to the U.S. and should be permitted to reenter the U.S. with their valid H-1B visa provided they are otherwise eligible for admission in H-1B status and their travel is not prohibited under any COVID-related travel restrictions. Similarly, H-4 dependents who are abroad and have a valid H-4 visa should be permitted to travel to the U.S. and enter in H-4 status if otherwise eligible to return and not impacted by a travel restriction.
     
  • Canadian citizens are routinely exempt from normal visa stamping requirements, and therefore this Proclamation should not impact their ability to enter the U.S. in H-1B status if they are otherwise eligible for admission.
     
  • Individuals inside the U.S. currently and who are contemplating international travel are strongly advised, as always, to consult with an advisor in OIS well in advance of making final travel plans and departing the U.S.
     
  • OIS has seen no indication that individuals requesting a change of status to H-1B from another status inside the U.S., H-1B extensions, H-1B amendments, or change of H-1B employer requests using portability will be prohibited from doing so. As such, OIS will continue to process H-1B cases and update the OIS website to reflect any impacts as a result of this Proclamation.
     
  • At this time, OIS would caution against travel outside the U.S., but the decision is ultimately a personal one. This caution extends to individuals who appear to be exempt from the Proclamation. The OIS is unable to tell you that you can or cannot travel under the June 22nd Proclamation [or amended version], as we can’t anticipate how this guidance will be interpreted by government agencies. In addition, we cannot account for the discretion that can be exercised by a consular officer or border official you may encounter while applying for a visa [where applicable] or seeking admission to the U.S. in H-1B status. It is also important to be mindful of the potential impact to your Department/Division if you choose to travel and are delayed in your return. An extended absence from the U.S. may be highly disruptive to your JHU unit and to your own professional goals. Please carefully consider if the need to travel outweighs the potential risk in these uncertain times.

AMENDMENT TO PROCLAMATION 10052

On June 29th, the President amended the June 22nd Proclamation clarifying that the suspension and limitation on entry applies to any individual who does not have a valid nonimmigrant visa in the same category in which he or she is seeking to enter.

NEW LIMITED EXCEPTIONS

On July 16th, the Department of State announced new limited exceptions to the June 22nd Presidential Proclamation that may be provided to:

  • applicants who are subject to aging out of their current immigrant visa classification before the relevant P.P.s expire or within two weeks thereafter
     
  • certain H and J visa applicants who are traveling to work in support of a critical U.S. foreign policy objective (such as COVID-19 response) and/or traveling at the request of the U.S. government
     
  • spouses and children of certain visa class holders, such as H, J, and L visa holders who are already excepted from, or not subject to, P.P. 10052. 

The full announcement is available on the Department of State’s website.  

ADDITIONAL CLARIFYING GUIDANCE FROM DEPARTMENT OF STATE

On August 14th, Department of State published additional guidance further clarifying circumstances that may exempt some nonimmigrants from the June 22nd Proclamation. 

The full announcement is available on the Department of State’s website.

TRAVEL BANS EXTENDED THROUG MARCH 2021

On 12/31/2020, President Trump signed Proclamation 10131, which extends the June 24 ban on entry of H-1B, H-2B, L-1, and certain J-1 visa holders and their dependents, as well as the April 23 immigrant visa ban, through March 2021. [The bans were set to expire on 12/31/2020.] In addition, there remains a ban on anyone traveling to the U.S. who has been in China, Brazil, the U.K., Ireland, or the EU Schengen Region within the 14 days immediately prior to the date of desired entry, unless one of the exceptions applies or a waiver is granted.

Please contact OIS directly at [email protected] with questions.