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New Executive Order and Visa Ban on F, H, L, and J Visas Expected Soon

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick shares the latest update regarding a new executive order that is soon to be released, that will temporarily suspend the entry of L-1, H-1B, H-2B, and J-1 non-immigrants for at least several months.

Keep on watching for more information.


Overview


Please note that the information we can provide is only preliminary in nature based on reports and rumors that have been circulating recently.


What will the order do?


The new executive order is rumored to propose a temporary suspension on the entry of individuals residing abroad who have an L-1, H-1B, H-2B, and J-1 petition approved, but don’t have a visa yet in their passports. The new executive order anticipates suspending the issuance of visas for these individuals for at least several months.

In addition, the executive order proposes a temporary suspension on the entry of those who already have an L-1, H-1B, H-2B, or J-1 visas in their passports, but have not yet traveled to the United States on their visa.


Will there be exceptions on who is impacted?


Yes. Like with previous executive orders there will likely be exceptions that will protect some categories of individuals from being impacted such as health care professionals, those working to mitigate the effects of COVID-19, and essential workers in food-related industries. Other exceptions may also be made but it is not yet clear what those exceptions could be.


Are there exceptions for J-1 visa holders?


It is rumored that for J-1 visa holders, only summer workers, camp counselors, trainees, and interns will be impacted. We do not believe medical physicians will be impacted especially during this time of crisis.


Will other workers be affected?


It is rumored that the Trump administration is considering adding provisions to the executive order that would include terminating the STEM OPT program and narrowing the definition of “specialty occupation” for H-1B workers. In addition, it is rumored that President Trump is considering requiring higher wages for H-1B workers and increasing H-1B filing fees.


What if I am in the U.S.? Will I be affected?


We do not have any information that leads us to believe that L-1, H-1B, H-2B, or J-1 visa applicants in the U.S. will be affected.


When will this order be passed?


We believe the order will be handed down by the end of June and will last at least several months.


Our Recommendations


Given the likelihood that this executive order will pass, if you have an L-1, H-1B, H-2B, J-1, or F-1 visa, we recommend that you return to the United States as soon as possible (travel restrictions permitting) to avoid being impacted by this order.

We also urge those that will be impacted to contact their senators to prevent this from happening.

For more information about the impact of this executive order please click here.


Questions?


If you have any questions or concerns regarding these updates please contact us at jacob@h1b.biz or text or call 619-569-1768 for a private consultation.

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Immigration and COVID-19 Resource Center


For further immigration information related to COVID-19 please visit our Immigration and COVID-19 Resource Center here.


Follow our New Facebook Group for COVID 19 and EO Updates


As a reminder, we have created a new facebook group to address the impact of the executive order and other changing developments related to COVID-19. Follow us there!