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President Donald Trump issued a proclamation on June 22, 2020 that furthered the Administration’s ongoing efforts to prevent the entry to the United States of foreign workers and their families. Proclamation 10052 prohibits admission by foreign workers abroad who have H1B, H2B, L1, or some J1 visas and their dependents. This proclamation also extends previously imposed limitations (in Proclamation 10014) on issuing visas for permanent residency applicants through their American employers or family members. 
 
Who Is Affected by this Proclamation?
This latest Proclamation is titled “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.” The first provision extends the previously announced “suspension” of permanent residency visas for foreign nationals outside the US on April 22 and who did not already have a valid travel document. This proclamation exempted lawful permanent residents, health care professionals or medical researchers working specifically on COVID19, EB5 investors, as well as spouses and minor children of US citizens.
 
The 60 day “suspension” for immigrant visas was extended at least through the end of 2020.

The June Presidential Proclamation also expanded the visa ban to prevent entry to the United States for certain temporary workers and their families. It specifically affects only those who were outside the United States on midnight on June 24, 2020. It also targets those individuals seeking entry on visas including H1B (high skilled workers), H2B (seasonal workers), H4 (dependents of H workers), L1 (multinational managers or specialized knowledge workers), as well as some J1 visa categories (interns, trainees, teachers, camp counselors, au pairs, or summer work travel).
 
This proclamation does not directly impact the work authorization of individuals in those work visas categories who are currently in the United States. People with H, L, or J status who were in the United States can continue to live and work in the United States. However, these individuals may now be unable to travel internationally without jeopardizing their employment or being separated from their families.
This ban on travel would prevent entry to the United States at least through December 31, 2020.
 
Who Is Specifically Exempted from the Travel Ban
Several key groups were exempted from this most recent restriction on entry. Spouses and minor children of US citizens and permanent resident “green card” holders can return to the United States after temporary travel abroad. President Trump also explicitly exempted temporary workers who are “essential to the United States food supply chain” or whose entry would be in the “national interest” as determined the Secretaries of State or Homeland Security. But these policies still put unnecessary obstacles in the way of these critical workers.
 
The policy announcement details some examples of people who may be considered to be in the “national interest.” Some of these exemptions are quite narrow. For example, the policy excluded certain medical workers but only health care professionals caring for a COVID-19 patient, and only if that patient is currently hospitalized. Medical researchers are able to enter the United States, but only if they are directly helping combat COVID-19. If a foreign-born doctor or medical researcher is fighting cancer, diabetes, heart disease, or any number of ailments, that individual is not able to return to their home in America.

Other exemptions are much more vague. The proclamation allows entry of individuals who are “critical to the defense, law enforcement, diplomacy, or national security of the United States.” But only the Secretary of State or Secretary of Homeland Security can determine who meets that standard. Foreign nationals who are “necessary to facilitate the immediate and continued economic recovery of the United States” are also able to get a visa. The proclamation fails to mention whether these critical workers would be able to bring their families to the United States.
 
The Proclamation provides no clear information about how to apply for these exceptions. There is no form to complete and US embassies are closed. This latest policy decision will only add to the existing confusion and delays. 
 
Individuals with Valid Travel Documents May Return; Others Are Stuck
The proclamation allows entry for anyone who had a valid nonimmigrant visa stamp or travel document. If a foreign worker, or their spouse or child, is abroad on the date of the proclamation, they are able to return to the United States only if they already have an unexpired visa stamp in their passports. An amendment to this provision was issued on June 30th to correct an error that would have allowed people to travel on visitor visas. Foreign nationals who have applied for permanent residency and who have current travel authorization (called advance parole) can also return to the United States.
 
The burden of this proclamation will fall primarily on people who live and work in the United States but who were abroad when the announcement was made. Many have been stuck abroad for months because of the abrupt closure of US embassies and consulates. If their H, L, or J visa stamp are now expired, they are unable to return to their home in America at least through December of 2020. 
 
The State Department has also published its “interpretation” that any person who travels overseas and needs a new H1B, H2B, L1, or J1 visa will not be issued one, even if that individual was in the United States on the date of the proclamation. This violates the plain language of the proclamation. This means that tens of thousands of workers in H, L, or J status will not be able to visit sick parents, go to family celebrations, or travel internationally for work without the possibility of being unable to return home.

Economic Impact of this Travel Ban
The unemployment rate in the United States has nearly quadrupled between February and May of 2020, mostly due to the public health crisis. However, this harsh new immigration policy will do little to improve the job prospects of American workers. In fact, this policy is likely to hurt our country’s short- and long-term economic prospects. 
 
Immigrants contribute far more in taxes than they take in public benefits. Foreign workers contribute to American economic activity by paying rent, buying groceries, and purchasing supplies. Almost half of the Fortune 500 companies in the United States have one or more immigrant founders. Preventing needed workers from entering the United States only encourages international companies to outsource their work to other countries.
 
 
Anti-Immigrant Policies Designed to Frustrate Foreign Workers
As many courts have ruled in the last several years, President Trump does not have the power to impose his anti-immigrant policies unilaterally that violates existing US immigration laws. He must follow the strict dictates of the Administrative Procedures Act to change most regulations or force Congress to pass new immigration legislation.
 
No one should have to make the choice between their jobs and their families during these difficult times. This policy does not create jobs for Americans, it only generates more disruption and dislocation during a global pandemic and economic depression.

World One Law Group has contacted members of the U.S. House of Representatives, urging them to oppose Speaker Ryan’s “Border Security and Immigration Reform Act of 2018” and Representative Goodlatte’s “Securing America’s Future Act of 2018” (H.R. 4760). Both bills hold Dreamers hostage in return for provisions that would upend our immigration system and betray our values.
 
Speaker Ryan’s “Border Security and Immigration Reform Act of 2018” pairs Deferred Action for Childhood Arrivals (DACA) provisions with severe cuts to legal immigration, policies that undermine vital protections for vulnerable populations, and dramatic increases in funding for immigration enforcement. Among other provisions, the current bill would:

• Drastically reduce legal immigration by eliminating several family-based immigration categories and eliminating the diversity visa program.
• Undermine protections for vulnerable populations, including raising the credible fear standard for asylum seekers and eliminating certain TVPRA protections, sending children more quickly back to the countries from which they fled.
• Does NOT address the family separation crisis, which can be stopped right now by this Administration. Instead, the bill would jail children and their families for long periods of time.
• Balloon funding for enforcement, including additional Border Patrol agents, a $25 billion appropriation for the border wall, and funding to keep children and families in jail.
• Does NOT adequately protect Dreamers. The bill provides for contingent nonimmigrant status and creates a “point system” that would leave many Dreamers without protection.

Representative Goodlatte’s “Securing America’s Future Act of 2018”( H.R. 4760) is an anti-immigrant wish list that slashes legal immigration to untenably low levels, mandates unnecessary and harsh enforcement tactics, creates millions of criminals out of thin air by making unlawful presence a crime, and seems focused on excluding the largest number of Dreamers from the very few weak protections it claims to provide. Among other provisions, the bill would:

• Eviscerate legal immigration by gutting the family-based immigration system and eliminating the diversity visa program.
• Make employment verification mandatory for all employers.
• Criminalize unlawful presence, creating millions of criminals out of thin air.
• Mandate long-term detention of nearly everyone in removal proceedings despite due process, capacity, and cost prohibitions.
• Undermine access to asylum for individuals who have been persecuted abroad, including heightening the credible fear standard.
• Eliminate safeguards for vulnerable children by amending the Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA).
• Require a massive buildup of immigration enforcement, including construction of a wall, hiring of additional CBP, and waiving crucial polygraph requirements.
• NOT adequately protect Dreamers. As written, the bill provides only a contingent nonimmigrant status to eligible applicants for renewable three-year periods, excludes anyone who does not have valid DACA on the date of enactment, and imposes punitive eligibility requirements.

World One will continue to fight to protect the rights of all who seek to make a new life in the United States.  If you think you may need immigration help, please contact our office at (425) 250-8110, or by email at info@world1law.com.

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 The American Immigration Lawyers Association provides Know Your Rights handouts for several scenarios: ICE worksite raids (for employers), ICE home visits, and ICE public stops.

For each language, there are three versions of each handout for the scenarios outlined above: a PDF with a link to AILA's Immigration Lawyer Search, a PDF that members can customize with their own contact information, and a Word version of the customizable version.

The handouts are available in English, Spanish, Chinese, Portuguese, Arabic, Haitian Creole, and Punjabi. You can download them today from the AILA website linked below.

Federal Judge Derrick Watson in Hawaii has blocked President Donald Trump's revised travel ban, saying  Trump's third version of the policy "plainly discriminates based on nationality." The President's executive order "suffers from precisely the same maladies as its predecessor: it lacks sufficient findings that the entry of more than 150 million nationals from six specified countries would be 'detrimental to the interests of the United States,'" Watson wrote.
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• On October 17, 2017, U.S. District Court Judge Derrick Watson in Hawaii issued a nationwide temporary restraining order blocking the majority of the travel restrictions set forth in President Trump's September 24, 2017, proclamation.
• Also on October 17, U.S. District Court Judge Theodore Chuang in Maryland issued a nationwide preliminary injunction against the travel ban.
• In light of these rulings, nationals of Chad, Iran, Libya, Syria, Yemen, and Somalia will not be restricted from traveling to the United States under the proclamation. On the other hand, all immigrants and nonimmigrants from North Korea and certain government officials and their family members from Venezuela traveling on business or tourist visas (B-1/B-2) will continue to be restricted from travel to the U.S. pursuant to the presidential proclamation.

U.S. Citizenship and Immigration Services (USCIS) announced on Tuesday, October 3rd that it will resume premium processing all types of H-1B petitions and for all H-1B visa extension of stay petitions. This change is effective immediately.

USCIS also resumed premium processing for H-1B petitions subject to the annual cap, which is set at 65,000 visas for 2018, and 20,000 for workers with a U.S. master’s degree or higher educational degree. Premium processing is also reinstated for petitions filed on behalf of physicians under the Conrad 30 waiver program, interested government agency waivers, and certain other H-1B petitions that are not subject to the cap.
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The H-1B visa is a nonimmigrant visa that allows a U.S. company to hire foreign workers in specialty occupations that require theoretical or technical expertise. More than 40,000 companies submitted H-1B visa applications in 2016, predominantly in the IT and computer-related sectors.

However, Fortune magazine reported in early August that the number of H-1B visa petitions for Indian candidates in 2017 actually declined for the first time in 7 years. The number of computer-related petitions also decreased for the first time in 4 years – “indicating that
foreign interest in these sorts of American jobs may be declining under the Trump administration.”

What Happened
​Since taking office on January 20th of this year, President Trump has signed several travel bans. The first, Executive Order 13769, “Protecting the Nation from Foreign Terrorist Entry into the United States,” was signed on January 27, 2017 and took immediate effect. Though some people called this order the “Muslim ban” because six of the seven affected countries have majority Muslim populations, the order actually affects all nationals of those countries, regardless of their religion.

The Executive Order was quickly challenged in the federal courts, where it was “put on hold.” The Ninth Circuit Court of Appeals issued what is known as a Temporary Restraining Order, which prevented the administration for enforcing some parts of the travel ban.

On March 6, 2017, Mr. Trump issued Executive Order 13780, which superseded the previous travel ban. This second version of the travel ban went into effect on March 16, dropping Iraq from the list of affected countries. It also did not apply to Legal Permanent Residents (so-called “green-card holders”), dual nationals, and people who have been granted asylum or refugee status. This second order also removed language that gave priority to religious minorities.

Travel Ban 2.0 was set to expire on Sunday, September 24, 2017. That same day, the White House announced a third version of the travel ban. This  new Presidential proclamation, “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or Other Public-Safety Threats,” places restrictions on eight countries and will take effect on October 18, 2018.

The Department of Homeland Security developed a set of immigration criteria and used that to evaluate the information-sharing practices, policies, and capabilities of foreign governments, as well as risks that may be posed by allowing nationals of the foreign country to enter the United States.

Who Is Affected
​Travel ban 3.0 applies to eight countries — Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuala, and Yemen. This new travel ban replaces the majority of the second travel ban signed in March. The restrictions vary country by country, and unlike the previous temporary travel ban which was limited to 90 days, travel ban 3.0 is indefinite.  

 The new ban also gives consular officers the discretion to waive the new restrictions on a "case-by-case basis" if a foreign national demonstrates that denying entry into the US would cause "undue hardship" and he or she does not pose a threat to national security. This means the burden of proof is on you to show that you would suffer undue hardship if you are not allowed to enter the United States and that you do not pose a risk to the nation. 

But There Are Always Exceptions! 
These restrictions only apply to foreign nationals who are outside the United States and do not already have or qualify for a valid visa at this time.
If you have a validly issued Legal Permanent Resident card (“LPR card” or “green card”), valid visa, or other travel document, do not worry! Any of these documents which are currently valid will not be revoked. The new travel ban also does not apply to people seeking asylum or refugee status. However, entry of refugees is currently limited by the original travel ban issued in January, and new rules for refugees are expected to be announced within the next few weeks.
There are also several exceptions to the travel ban. The restrictions listed in the table above do not apply to:

• Legal permanent residents (“green-card” holders);
• A foreign national who is admitted to or paroled into the United States by October 18, 2017;
• Foreign nationals with valid visas, transportation letters, boarding foils, or advance parole documents which will be valid by October 18, 2017;
• Dual citizens traveling using a passport from unrestricted country;
• Foreign nationals traveling on a diplomatic visa, a NATO visa, a C-2 visa, or a G visa;
• Foreign nationals who have been granted asylum in the U.S.; and,
• Anyone granted withholding of removal, advance parole, or protection under the Convention Against Torture.