• by Santhosh Rao

OVERVIEW
On June 22, 2020, President Trump issued a Proclamation suspending entry of immigrants as well as those on H-1Bs, H-2Bs, L-1, and J until December 31, 2020. This proclamation takes effect Wednesday @ 12:01 a.m. Eastern Time (June 24) and expires on December 31, 2020, unless continued as necessary.

This Proclamation applies only to those who are outside the U.S., AND who do not have a valid non-immigrant visa OR an official travel document to enter the United States. It does not affect those who are currently in the United States. Those, who are currently outside the United States and already have a visa issued (prior to June 24), will be allowed to return.

VISAS WHICH ARE SUSPENDED

1. Immigrant Ban that was imposed on April 22, 2020 will now be extended until December 31, 2020;
2. Entry on Non-Immigrant Visas such as H-1B, H-2B, L-1, and J-1 is also suspended until December 31, 2020;
3. Dependents – H-4s, L-2s are also affected.

WHO IS AFFECTED?
The proclamation shall apply only to following individuals:

1. Those who are outside the United States on the effective date of this proclamation;
2. Those who do not have a valid Non-Immigrant Visa that is valid on the effective date of this proclamation; and
3. Those who do 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.

WHO IS NOT AFFECTED?
The below-mentioned individuals won’t be affected by this proclamation:

1. Any Lawful Permanent Resident of the United States;
2. Any alien who is the spouse or child of a United States citizen;
3. Any alien seeking to enter the United States to provide temporary labor or services essential to the United States food supply chain; and
4. 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.

CONCLUSION
This proclamation will have a direct impact on Indian IT professionals and Indian IT firms as they are the single largest beneficiaries of the H-1B program. Those who receive, H-1B cap approvals from USCIS for fiscal year 2021 beginning October 1, 2020, may not be able to secure visas and travel this year. Moreover, this ban on nonimmigrant visas will further exacerbate the economic contraction that the US is facing as a result of the COVID-19 outbreak. Reduced supply of high-skilled workforce (those on H-1Bs and L-1s), who play critical roles in the delivery of IT solutions, will likely slow down US innovation and undermine the Tech industry.

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