Our offices are open. For updates related to COVID-19, Please click here.

Updates From Our Immigration Attorneys in New Orleans, LA

Analysis of Trump’s Recent Temporary Restrictions on H-1B, H-2B, J-1, and L visas

On June 22, 2020, President Trump extended and expanded Presidential Proclamation 10014 of April 22, 2020.

The original proclamation prohibited the issuance of “immigrant” visas (required for those seeking permanent residency from outside the United States), subject to exceptions defined in the proclamation. The restrictions were to be imposed for 60 days, after which time they could be extended.

On June 22, President Trump extended the restrictions until December 31, 2020, and expanded the restrictions to certain “nonimmigrant” visas (i.e., visas for individuals seeking temporary entry into the United States for a specific purpose).

The extension was effective at the time of the proclamation and the expansion took effect at 12:01 AM this morning.

The nonimmigrant visas subject to the June 22 expansion include:

(a) an H-1B or H-2B visa, and any individual accompanying or following to join such individual;

(b) a J visa, to the extent the individual is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any individual accompanying or following to join such individual; and

(c) an L visa, and any individual accompanying or following to join such individual.

The proclamation only to applies to an individual who:

(i) is outside the United States on the effective date of this proclamation;

(ii) does not have a nonimmigrant visa that is valid on the effective date of this proclamation; and

(iii) does 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.

Please note that this proclamation leaves many individuals’ cases unaffected.

  • The proclamation is limited to the visa types specified.
  • The proclamation does not affect any nonimmigrant visas that had already been issued prior to June 24, 2020, at 12:01 AM.
  • The proclamation does not affect issuance of J-1 visas for several programs, including to scholars (research and short-term), physicians, and professors.
  • The proclamation does not impact applications for changes or extensions of status within the United States.

The stated aim of the original proclamation and its expansion is the protection of the U.S. economy. While we all wish to see the health and economic impacts of COVID-19 mitigated, we could not disagree more with the president’s method. Immigrants make vital contributions in economic areas such as healthcare, research, technology, and food production, to say nothing of the critical support they provide to their U.S.-based family and friends.

Food Distribution for Undocumented Families Impacted by COVID-19

Familias Unidas en Accion is running a food distribution program for undocumented families in the New Orleans area. If a family discloses food insecurity to you and they’re unable to access assistance thru other means due to status, please share this information with them. They can call the familias unidas hotline (504) 224 - 9770 and someone will help set them up for delivery.

Update on Trump Tweet: Immigration Applications within the U.S. are not Affected; Very Few Implications for Applications Abroad

As a response to his April 20, 2020 tweet, President Trump issued a Presidential Proclamation on Wednesday, April 22, 2020.

The proclamation halts the issuance of immigrant visas for individuals outside of the US for 60 days. The proclamation does not impact individuals inside the US.

The proclamation does not affect individuals who already have been issued an immigrant visa or lawful permanent residents who are outside the US.

The proclamation impacts only immigrant visas; nonimmigrant visas are not affected. The term “immigrant visa” has a very specific and limited meaning in immigration law. It refers only to visas allowing admission to the United States as a lawful permanent resident. This proclamation does not apply to individuals applying for visas for temporary admission to the United States (e.g., tourists, students, temporary employment, exchange visitors, etc.).

The following people who are applying for immigrant visas are exempt from the proclamation:

  • The spouse and minor children of US citizens and prospective adoptees entering pursuant to the IR-4 or IH-4 visa classifications;
  • Physicians, nurses and healthcare professionals and their spouse and unmarried minor children;
  • Individuals who will carry out research on COVID-19 or perform work related to COVID-19;
  • Individuals seeking to enter pursuant to the EB-5 Immigrant Investor Program;
  • Members of the US military and their spouses and children;
  • Individuals seeking to enter pursuant to a Special Immigrant Visa in the SI or SQ classification, and their spouse and children;
  • Individuals whose entry would further US law enforcement objectives; and
  • Individuals whose entry would be in the national interest.

Who is impacted by the proclamation?

Per the proclamation, for the next 60 days the State Department will not issue immigrant visas for:

  • the spouse and children of lawful permanent residents;
  • the parents, adult children, and siblings of US citizens; and
  • most employment-based immigrant visas.

However, due to the fact that consulates have been closed because of coronavirus concerns, the proclamation will have little impact on anyone.

Contact Us

Contact us today to schedule a consultation.