←  BACK TO RESOURCES SECTION

Nonimmigrant Visa Suspension FAQs

On June 22, 2020, Trump Administration released a Presidential Proclamation temporarily suspending new H-1B, H-2B, L-1 and J-1 visa applicants from entering the U.S. We are providing the below FAQs to help our clients understand the impact of the Proclamation.

Visa Processing & Entering the United States FAQs

  • Unfortunately, the Proclamation, as written, does not provide an exception for people who have been living and working in the U.S., and who got stuck outside the U.S. due to the COVID-19 situation. We are hopeful that it will be modified by the time the consulates reopen to accommodate people in this situation. 

  • If you are working within commuting distance of the location indicated on your petition, an amendment will not generally be required. However, for H-1B, H-1B1, or E-3 workers, Notice of Filing (NOF) may need to be made for your home location. We will work with you and your employer to ensure the required steps are taken. 

    If you are working outside of commuting distance of your home location, an amendment may need to be filed for the new location above. Please notify your employer if you intend to work outside of commuting distance of your work location prior to making this move.

    Please note that the USCIS and Department of Labor policies relating to work from home arrangements required by shelter-in-place and other restrictions imposed by state and local governments are still evolving. We will update this page as new information becomes available.

  • No. This status update was likely simply an internal mechanism used by consular posts to permit visa applicants to have their passports returned to them while consular posts were closed. Certain posts elected to return all passports to visa applicants upon closing, while other posts left it up to the individual applicant to request their passport back until consular operations resumed.

  • We recommend waiting until closer to your appointment date before canceling. It is possible that further exceptions will be carved out for the Proclamation, an injunction blocks the Proclamation, or other critical changes to the Proclamation’s implementation may arise. Once your appointment date approaches, even if no updates have arisen, we will likely have a better understanding of how consulates will be handling the Proclamation. 

  • No. Persons with valid travel documents, such as advance parole documents, will be allowed to reenter.

  • Yes. Unlike the travel bans, there is no exception for spouses of LPRs.


  • Yes. Unlike the travel bans, there is no exception for parents of U.S. citizens. 

  • No. Spouses of U.S. Citizens are exempt from the suspension but still needs valid visa/travel document to enter

  • This is not clear in the proclamation, but we recommend against, until the DHS offers further official clarification.

 

Impact on H-1B Extensions

  • Yes. The Proclamation does not prevent persons in the United States from extending their status through a petition with the USCIS. 

  • No. Your online I-94 from the CBP website is an admission record that is only updated when you reenter the country. Your Form I-797, H-1B approval notice has a paper I-94 at the bottom that serves as your new I-94. 

 

Impact on L-1 Extensions

  • Your status can be extended by filing an L-1 petition with the USCIS. 

 

Impact on H-1B1 Extensions

  • We do not think that you will be subject because the proclamation says that it applies to H-1B, but not specifically H-1B1. However, this could be interpreted differently by the consulate or CBP officer. We do not recommend you travel until we hear further clarification.

 

Impact on H-1B Cap Lottery Candidates

  • No. So long as you do not depart the country, the Proclamation will not impact your status automatically changing to H-1B on October 1st, or upon approval of the petition, whichever is later.

  • It may be possible to change your H-1B cap petition from consular notification to change or status. Please contact our office to discuss your specific case.

 

Impact on Canadian Citizens

  • This is also not specifically addressed in the Proclamation, but CBP clarified that Canadians are visa exempt. 

 

Entering in B-1/B-2 Status

  • We recommend not doing this. You should not enter in B-2 or other non-work authorized status with the intention of changing to a work authorized status once here.  Your change of status will likely be denied. 

  • It may be possible to enter the US for an emergency using a valid B-1/B-2 visa in this scenario. However, there is some risk that you may be denied entry to the US, if the CBP officer at the port of entry believes that you are seeking entry in B-1/B-2 status in order to circumvent the proclamation. We strongly recommend not doing this except in case of extreme emergency, and that you contact our office ahead of time so that we may advise on any recent policy changes by the DHS.  Note that your US employer may not pay you on your US payroll while you are in the US in B-1/B-2 status.

  • You can do so, but it is still possible that the offer will deny you admission. This decision is ultimately up to the discretion of the individual officer, and is also impacted by other factors, such as the airport you fly into.

 

Impact on Dependents

  • The suspension applies to dependents, including those who are “following to join” the principal applicant.

  • We encourage you to contact our office, as this depends on your individual situation.

  • No. The Proclamation does not impact H-4 EAD applications, assuming your dependent is in the United States in valid status, and meets the other eligibility requirements for H-4 work authorization. 

  • It may be possible to enter the United States for an emergency using a valid B-1/B-2 visa in this scenario. However, there is some risk that you may be denied entry to the United States, if the CBP officer at the port of entry believes that your dependents are seeking entry in B-1/B-2 status in order to circumvent the proclamation. We strongly recommend not doing this except in case of extreme emergency, and that you contact our office ahead of time so that we may advise on any recent policy changes by the DHS.  

 

Green Card Processing

  • There is no direct or immediate impact on the PERM or green card process. The proclamation instructs relevant government agencies to review these processes and consider proposing new regulations or new policies to better protect US workers. However, no specific changes have been proposed at this time, and we believe that it is unlikely that the instruction will lead to any substantive changes in the near future. The process of issuing new regulations generally takes at least several months. 

  • Departing the US will generally not impact an ongoing green card process. However, if you are in the final stage of the process – the I-485 -- we strongly recommend contact our office before leaving the country. 

 

Working Remotely Abroad

  • U.S. immigration law does not restrict H-1B or L-1 workers from working for the sponsoring U.S. employer outside the country. However, there may be other legal or company policy considerations that should be discussed with your internal HR and/or legal team. 

  • No. It is not necessary to notify the USCIS if you are working abroad. 

  • No, it will not. 

 

Other Statuses

  • No. The suspension only applies to individuals seeking to enter the United States in H-1B, H-2A, L-1, and J-1 nonimmigrant status.