President Trump Issues and Executive Order Drastically Hurting the Economy and Affecting South Asians!
By
Dev B. Viswanath, Esq.
Background
On June 22, 2020, President Trump signed a proclamation continuing Proclamation 10014 issued on April 22, 2020, (effective immediately) and suspending the entry of certain nonimmigrants that took effect on June 24, 2020, at 12:01 am (ET) and will remain in effect at least until December 31, 2020.
Trump to sign executive order suspending certain work visas through 2020
The order applies to H-1B visas, H-2B visas, H-4 visas, L-1 visas and certain J-1 visas. This is President Trump’s way of appeasing the white rural conservative base which looks at immigrants as a detriment to America.
H-1B visas are used for skilled workers and are common in the tech industry and is the largest visa program of those included in Monday’s order as its recipients can stay for multiple years.
H-2B visas apply to seasonal workers.
H-4 visas are given to spouses of H-1B and H-2B visa holders.
J-1 visas are given to researchers, scholars and other specialized categories such as au pairs. Roughly 300,000 J-1 visa recipients come to the U.S. every year.
L-1 visas are used for executives, managers, or those with Specialized Knowledge within the company transferring to the United States to the US affiliate, from positions abroad with the same employer.
The restrictions are set to remain in place for the rest of the calendar year and can be extended. If President Trump is not re-elected in November than this order is highly unlikely to be renewed. Moreover, if the matter is challenged in Court and is ruled unconstitutional or a temporary stay is ordered then the order will be stopped.
Or, in the event that he is not elected and realizes that he does not need to worry about votes, he could discontinue this order.
The president is also pushing to close loopholes that allow companies to outsource labor to foreign workers. This would inevitably help the Republican party and big corporations.
The order does not apply to those already in the United States. And Foreign Nationals applying for visas to provide labor “essential to the United States food supply chain” are exempt. And those people “whose entry would be in the national interests” as determined by the federal government are exempt as well.
Canadians Are Not Subject to the Proclamation
Canadians entering as H, L or J nonimmigrants are exempt from the Presidential Proclamation issued on June 22, 2020, and effective on June 24, 2020. Guidance has been provided to local CBP ports on this issue. However, it has been clear that the information has not totally been received by CBP offices, so applicants for entry should be ready to defend their position or have an attorney to assist.
Individuals with Valid Visas Prior to Proclamation’s Effective Date Are Not Subject to the Proclamation Regardless of Previous Entry
Those with valid visas issued prior to the effective date of the Proclamation (June 24, 2020, at 12:01 am (ET)) will be allowed entry after the suspension goes into effect regardless of whether they have come in before or not on that visa.
If you have any questions on the direction or state of our country on immigration issues, please do reach out to and consult with an experienced Immigration Attorney.