June 2020 H1B Visa Ban: What You Need to Know

Since Trump has taken the president’s seat, there has been a lot of turmoil for U.S. immigrants and pending or planned immigration cases. The COVID-19 pandemic has only heightened this situation with President Trump signing an executive order in April 2020, suspending new green cards for 60 days.

Unfortunately, the turmoil is only continuing with President Trump signing a further executive order, which bans H1B and other visas until the end of the year. 

Read more below to understand who exactly will be affected by the June 2020 H1B visa ban and what this could mean for your specific immigration case. 

Will Trump Ban H1B Visas? 

On Monday, June 22, 2020, President Trump signed a proclamation (or executive order), which continues and expands on the original April 2020 visa and green card ban. The proclamation signed on Monday essentially freezes green cards for new immigrants and suspends any new H1B visas from being issued.

This order is to protect 525,000 American jobs as part of the White House’s response to COVID-19 job losses. President Trump is specifically targeting H1B visas designed for skilled workers who are often employed in the tech industry. Companies like Amazon and Google, who often rely on skilled foreign workers, are actively opposing this move by President Trump. Still, other companies who support immigration reform are supporting it. 

It is not only H1B visas that are affected by the June 2020 H1B visa ban.

Which Other Visas are Affected

Unfortunately, other employment or work-based visas are also affected by President Trump’s latest proclamation.

The June 2020 H1B visa ban has also suspended the following visas from being issued: 

• H2B visas – visa for temporary workers who do not work in the agricultural industry.
• J visas – to the extent that the applicant wants to participate in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program.
• L1 visas – used for the intra-company transfer of employees who are managers or have specialized knowledge.
• H4 visas – used by dependents of H1 visa holders to travel with them to the U.S.
• L2 visas – used by family members, including spouses and dependent children, of L1 visa holders.
• J2 visas – a dependent visa issued to spouses and dependents of J1 visa holders. 

The suspension of the above visas only applies to people who are

• outside of the U.S. on the date of the proclamation, and 
• who doesn’t have a valid (stamped) visa or another valid official travel document such as a transportation letter or advance parole document.

If you have a valid stamped visa in your passport, you will still be able to enter the U.S. even if you are outside of the U.S. at the time of the executive order. If your visa hasn’t been issued yet and it is one of those listed above, then, unfortunately, you will be affected by the executive order. 

April 2020 Executive Order

The plans to suspend immigration and protect American jobs already started in April 2020 when President Trump signed the first proclamation suspending entry of immigrants to the U.S.

Similar to the June 2020 H1B visa ban, the April 2020 proclamation applied to individuals who sought permanent residence in the U.S. and who were outside of the U.S. at that time. The April 2020 proclamation suspended the diversity lottery program, employment-based visas, and certain family-based visas for applicants outside of the U.S.

As with the June 2020 H1B visa ban, the following individuals seeking immigrant visas were affected:

• Those who were outside of the U.S. on the effective date of the proclamation
• Who did not have a valid immigrant visa on the effective date, and
• Who did not have another valid official travel document. 

The April 2020 executive order specifically suspended the issuing of new green cards.

As you can see, the June 2020 H1B visa travel ban is simply an extension of the April 2020 executive order. 

Exclusions to the Visa Ban

Fortunately, the June 2020 visa ban doesn’t affect all U.S. visas. 

If you already have a valid stamped visa for H1B, L1, H2B, J1, H4, L2, or J2, you will be able to enter the U.S. and continue to live and work here within the usual parameters of your visa. 

The visa ban and proclamation will also not apply to the following people:

• A spouse or child of a U.S. citizen who is outside of the U.S. 
• Lawful permanent residents who are outside of the U.S. 
• Any person who wants to enter the U.S. to provide temporary labor to the U.S. food supply chain outside of the U.S. 
• Any person whose entry would be in the national interest as determined by the Secretary of State or the Secretary of Homeland Security
• Individuals who are seeking an extension of status in the U.S.
• Individuals who want to do an adjustment of status while in the U.S.
• Individuals filing Form I-485 Application to Register Permanent Residence or Adjust Status
• Individuals seeking approval of Employment Authorization Documents
• Individuals filing Form I-130, Petition for Alien Relative
• E visas, ESTA (Electronic System for Travel Authorization) applications and B visas (temporary tourist and business visas).

If you were approved for a cap-subject H-1B visa in the 2020-2021 lottery, you will still be able to change your status in the U.S. 

As you will note, you will still be able to adjust your status to an H1B or L1 visa (for example) if you are in the U.S. If you desperately need to travel to the U.S. but don’t have a visa yet, consider consulting with an immigration attorney to see what your options are to enter the U.S. on an allowed visa and to adjust your status when you get here. 

How Long will the Visa Ban Last?

H1B, H2B, J1, and L visa workers will not be able to enter the U.S. until January 1, 2021. The proclamation, as signed by President Trump, enforces the ban through December 31, 2020. Keep in mind that the executive order can be modified or extended, so only time will tell how long the June 2020 H1B visa ban will last. 

Conclusion

As if H1B delays and possible H1B postponements weren’t enough, the June 2020 H1B visa ban has certainly nailed the coffin shut on H1B visas for the rest of 2020. If you are unsure whether your specific case is affected by the June 2020 visa ban, consult with an immigration attorney. There might be an alternative for you to still realize your American dream in 2020. 

Frank Gogol

I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.

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