President Trump issued a Presidential Proclamation stop the
issuance of H-1B, L-1, J-1, and H-2B and dependent visa stamps at Embassies until
December 31, 2020. For a detailed
analysis of the visa of the Proclamation and the visa classifications impacted,
please review our previous
blog post.
On our June 30,
2020 webinar we reviewed several situations in which visa holders may now find
themselves due to the Proclamation. Below
is an FAQ to help employers and employees navigate travel and visa issues under
the Proclamation.
Q: My employee is in the US on an H-1B right now. The employee does not have a valid
visa stamp in her passport. Can the
employee leave the US?
A: NO – H-1B workers who are in the US and do not have a valid
visa stamp should not travel outside the US.
Without a valid visa stamp, the worker will not be allowed back into the
US.
Q: I have a valid visa stamp in my passport. Can I travel overseas?
A: YES – Those who are in the US and have a valid visa stamp can
travel abroad, provided they return to the US before the expiration of
their visa stamp.
Q: My employee is overseas and had an appointment at the Embassy
to get a visa stamp in July 2020. Will
my employee be able to return to the US?
A: NO – Visa stamps in the effected categories will not be issued
until after January 1, 2021, or perhaps later.
Q: My employee’s spouse and child are outside the US for their
regular summer visit to their home country.
The spoues and child were able to visit the Embassy in May and obtain
new visa stamps. Will my employee’s spouse
and child be able to return to the US?
A: YES - The spouse and child can enter the US if they have valid
visa stamps in their passports.
Q: My employee is abroad right now and does not have a valid H-1B
visa stamp in his passport. However, he
does have a valid B1/B2 tourist visa stamp in his passport, can he travel to
the US on his B1/B2 stamp?
A: MAYBE - but this is not recommended. The employee cannot work in tourist status so
a change of status to H-1B would have to be filed once the employee enters the
US. The employee cannot return to work
until this change of status is approved by the USCIS.
Q: My employee currently holds a green card. She is outside the US and plans to return in
July 2020. Can she return on her green
card?
A: YES – the April Proclamation exempts US Legal Permanent
Residents from the ban.
Q: My company has filed a green card case for our future employee
who is a nurse. We are a staffing
company and do not yet know at which of our client sites the nurse will be
assigned to work. Can the nurse enter
the US?
A: MAYBE – Under current interpretation, the nurse may enter the
US on a green card for any reason. Later this summer, the Trump
Administration may narrow the ban and require nurses to be treating patients
who are currently hospitalized with Covid-19.
Q: My employee is currently in the US working for my company on
OPT as an F-1 student. My company has
filed an H-1B for this employee which was selected in the H-1B lottery and is
currently in process with the USCIS.
Will the H-1B be impacted by the ban?
A: NO – because this is a change of status from F-1 to H-1B, the
employee will not be impacted. However,
the employee should not travel outside the US, as he will not be able to
get an H-1B visa stamp and return.
Q: My employee is in the US on an H-1B and has no plans to
travel. Can I sponsor this employee for
a green card?
A: YES – the there is no prohibition against filing green card
cases from inside the US. Employees can
still “adjust status.”
Q: My employee holds an H-1B that will expire later this year. Can I file an extension of the employee’s H-1B
status?
A: YES – the there is no prohibition against filing for an
extension, amendment, or transfer of an H-1B.
Will this affect nurses under EB3 immigrant visa?
ReplyDeleteMe and my husband have tourist visa. If we want to travel to the US, can our 3 yr old baby come with us? She has no US visa yet. Will they issue a visa for her?
ReplyDeleteI have a question regarding the statement "However, the employee should not travel outside the US, as he will not be able to get an H-1B visa stamp and return."
ReplyDeleteSection 3 of the proclamation says the suspension only applies to people who were outside the US on the effective date, did not have a nonimmigrant visa, and did not have some other travel document allowing them to travel to the US. Therefore, shouldn't the suspension not apply to people who were inside the US on the effective date, regardless of whether they have a visa?
ReplyDeleteAtty good day
What was your thought about the hwra , will they approved it and passed it into law ? Any positive feeling about this atty. ? Thank u
The bill continues to gain momentum. The Congress is out of session for a few weeks. We will publish an update shortly.
DeleteHow about PT under EB3 waiting for papers to be documentarily qualified. Im close to medical exam and consular interview
ReplyDeleteIf you are EB3, this is not a concern at this time.
DeleteWould the furloughs impact movement of dates in the visa bulletins? Please let us know. This is crazy, amidst so many issues, this furlough thing has com in.
ReplyDeleteNo - furloughs do not impact the VB.
DeleteHi again atty.
ReplyDeleteIm a bit worried. They havent filed yet my I-140(nurse). However, if we are going to file this month would the process will take longer atty since there are only few staffs at uscis to handle cases. ? Thank u
You should talk to your attorney about something specific on your case. Good luck.
Delete