On 6/29/20, President Trump issued an amendment to Proclamation 10052, noting that the limit to entry applies to any individual who does not have a valid nonimmigrant visa in the same category that he or she is seeking to enter in.The amendment narrows the exemption to the ban by only allowing foreign nationals who held a valid visa on June 24th in H-1B, H-2B, J (interns, trainees, teachers, camp counselors, au pairs, or summer travel workers), L visa, and any of their dependent spouses and children who are accompanying or following to join and who will not require a new visa to enter the U.S.

While there were exemptions in the original proclamation, the amendment seeks to further restrict foreign nationals from qualifying for an exemption. While the original proclamation appeared to allow ANYONE with a valid visa on June 24th in ANY category to enter the U.S., the amendment further limits the exemption. Under the amendment, only foreign nationals who have a valid visa in one of the restricted categories and are seeking entry to the U.S. pursuant to that visa and is valid on June 24, 2020, will be granted entry. Those holding a valid visa in any other category, such as F-1, B-1 or even B-2, will be restricted entry and will not be eligible obtain a new H, L or J visa while the proclamation is in force.

Under the amendment, if a foreign national is within the U.S. on June 24th, in one of the other visa categories, they may effectuate a change of status to H, L or J status.If a foreign national is outside the U.S. with an expired visa, they may be unable to renew or obtain a new H, L or J visa, even if they had a valid visa on the effective date of the proclamation. If a foreign national is outside the U.S. on June 24th and holds a valid H, J, or L visa to enter the U.S., they may do so. For exemptions, please read our article on the original Proclamation issued June 22, 2020.

If you are a foreign national who believes you may qualify for an exemption, or would like further information on the proclamation, please contact our office to discuss further before you make plans to travel.