Presidential Proclamation Further Suspends Foreign Worker Entry to U.S.
Updated: January 5, 2021
On June 22, 2020, President Trump issued Proclamation 10052, Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Marker Following the Coronavirus Outbreak, which took effect on Wednesday, June 24, 2020. The proclamation extended Proclamation 10014 of April 22, 2020, Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak, which limited entry of Legal Permanent Residents (LPR’s). Further, it suspended and limited the entry of certain nonimmigrants in H-1B, H-2B, J-1, and L-1 visa categories until December 31, 2020.
Both Proclamations 10014 and 10052 were extended until March 31, 2021 by the December 31, 2020 Presidential Proclamation, Proclamation on Suspension of Entry of Immigrants and Nonimmigrants Who Continue to Present a Risk to the United States Labor Market.
Collectively, and until March 31, 2021, the Proclamations:
- Suspend and limit the entry of all H-1Bs and H-4 dependents, except in designated categories.
- Suspend entry of J-1s in the internship, trainee, teacher, camp counselor, au pair, or summer work travel program and any dependents accompanying or following to join.
- Suspend entry of L-1 intracompany transfers.
The suspension and limitation of entry apply to any nonimmigrant in H-1B, J-1 or L-1:
- Who is outside the U.S. on the effective date of the proclamation.
- Who does not have a nonimmigrant visa on the effective date of this proclamation.
- Who 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.
The proclamation does not apply to:
- H-1Bs who are already in the U.S. or are changing status from one category to H-1B or changing employers.
- Lawful Permanent Residents and their dependents.
- Spouse and dependents of U.S. citizens.
- Individuals whose entry would be in the national interest as determined by the Secretary of State and Secretary of Homeland Security.
- Nonimmigrants who seek to enter to provide services essential to the nation’s food supply chain.
It further instructs the Secretary of State, the Secretary of Labor, and the Secretary of Homeland Security to establish standards to define categories of individuals critical to the U.S. who are:
- Involved in the medical care for patients who have contracted COVID -19 and are currently hospitalized.
- Involved with the provision of medical research at U.S. facilities to help in combating COVID-19; or
- Necessary to facilitate the immediate and continued economic recovery of the United States.
Impact on the UIC International Community and OIS Services
The Office of International Services staff is in the process of reviewing our caseload of H-1B and J-1 requests to identify any individual or department impacted by this Presidential Proclamation. Historically, the majority of H-1B applications requested by UIC departments and UI Health have been for individuals already residing in the U.S., which are exempt from the suspension. Additionally, H-1B extensions and change of status applications are not impacted. J-1 visa holders at UIC are in the student, research scholar and professor categories which are not included in the suspension. The larger impact is on the increasingly uncertain immigration environment that our UIC international community must navigate and the global perception that the U.S. is no longer a welcoming place for foreign nationals.
OIS remains committed to our guiding mission of creating a culturally diverse learning and working environment at UIC that is both welcoming and supportive. We welcome your questions and comments at (312) 996-3121 or email@example.com.