29 June 2020

Ban on certain US work visas until December 31


Effective June 24, 2020, US President Donald Trump issued a Proclamation suspending visa issuance of all H-1B, L-1, H-2B, and certain J-1 categories, and derivative visas for dependents, with some exceptions. The ban extends through December 31, 2020.

Relevant non-immigrant visa categories believed to be unaffected by the Proclamation:

  • E-1 (Treaty Trader), E-2 (Treaty Investor), E-3 (Australian professional speciality)
  • F-1 Student visa
  • H-1B1 (Singapore/Chile), Free Trade Agreement Professionals
  • J-1 (limited exchange program participants)
  • O-1 Extraordinary Ability
  • TN (Canada/Mexico), NAFTA professional worker
  • Canadian nationals in any of the affected categories

Recommendations for clients considering relocation to the US:

  • Review overall background and available citizenships to determine if eligible for alternative work visa options such as O-1 extraordinary ability; E-1 Treaty Trader/E-2 Treaty Investor based in existing bilateral investment treaty with US; E-3 (Australia); H-1B1 (Singapore citizens); or TN (Canada/Mexico).
  • Re E-1/E-2, if not bilateral investment treat exists, consider filing for citizenship-by-investment under an immediate citizenship program (4-6 months), which offers US E-2 Treaty Investor eligibility; e.g.: Grenada or Montenegro.

Key Contacts

If you have any questions, please reach out to our US immigration specialists:

Reaz Jafri
Theda Fisher
Mark Lanning

Authors

Category: Article