Presidential Proclamation Suspending Certain Work Visas – Summary and FAQ

Presidential Proclamation Summary

On Monday, June 22, 2020, President Trump issued a Presidential Proclamation entitled “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak.”

The Proclamation suspends entry into the US by a variety of visa holders, included among them are H-1B visa holders and certain J-1 visa holders.  

J-1 Exchange Visitors

UC Santa Cruz hosts only J-1 Professor, Research Scholar, Short-Term Scholar, Student, and Student Intern categories, which are not included in the Proclamation.  Our scholars and students will not be directly affected. 

H-1B Temporary Workers

The Proclamation suspends entry into the US. Individuals who are currently outside of the US will not be eligible for an H-1B visa or to enter the US in H-1B status.  Individuals who are already in the US, or have been issued a visa prior to June 22, 2020 may continue to enter the US and work as they normally would have.  

We caution that any international travel should be avoided until such time as the Proclamation ends on December 31, 2020, particularly if travel will necessitate a new visa stamp. Such travel may result in an international employee’s inability to return. 

As written, the Proclamation does not currently affect the authorization of H-1B employees and J-1 scholars who are already in the US or otherwise revoke their visas.  For now, those individuals who are already present may continue their stay and activities.  It is uncertain whether additional action from the Department of State will be forthcoming, but we will reach out to you as we learn more.

As always, we appreciate your patience and we are here to answer any of your questions.  Please do not hesitate to reach out to ischolar@ucsc.edu with any questions.

Presidential Proclamation Frequently Asked Questions (FAQ)

Staff and Researchers Currently In the United States

H-1B Temporary Workers

I am currently in the US and have a pending change of status H-1B petition with USCIS. How does this affect me?

The Proclamation only limits entry into the US. 

If you are currently in the US, your pending H-1B petition will not be affected by this proclamation. Once your H-1B petition is approved, we do not recommend non-essential international travel since you will not be able to obtain an H-1B visa from a US embassy or consulate abroad to re-enter the US until 1/1/2021 or until the proclamation is no longer in effect if extended.

I am currently in the US in another immigration status (J-1, F-1, H-4, etc.) and have not submitted my change of status H-1B petition yet to USCIS. How does this affect me?

The Proclamation only limits entry into the US.

If you are in the US when your H-1B petition is submitted and approved by USCIS, then your H-1B petition will not be affected by this proclamation. Once your H-1B petition is approved, we do not recommend non-essential international travel since you will not be able to obtain an H-1B visa from a US embassy or consulate abroad to re-enter the US until 1/1/2021 or until the proclamation is no longer in effect if extended.

I am currently in the US in H-1B status and my status expires before 12/31/2020. How does this affect me?

The Proclamation only limits entry into the US.

If you are currently in the US you may continue to work. You are eligible to extend your current H-1B status while inside the US, however, if you leave the US and do not have a valid H-1B visa you will not be able to apply for a new H-1B visa to re-enter the US until 1/1/2021 or until the proclamation is no longer in effect if extended. We do not recommend any non-essential international travel at this time, as there are several Presidential proclamations limiting entry to the United States and most routine visa services are suspended abroad due to COVID-19.

I am currently in the US in H-1B status and my status expires after 12/31/2020. How does this affect me?

The Proclamation only limits entry into the US. 

If you are currently in the US you may continue to work. You are eligible to extend your current H-1B status while inside the US, however, if you leave the US and do not have a valid H-1B visa you will not be able to apply for a new H-1B visa to re-enter the US until 1/1/2021 or until the proclamation is no longer in effect if extended. We do not recommend any non-essential international travel at this time, as there are several Presidential proclamations limiting entry to the United States and most routine visa services are suspended abroad due to COVID-19.

J-1 Professor, Research Scholar, Short-Term Scholar, Student Intern, University Student

I am currently in the US with a valid DS-2019 and valid J-1 visa. How does this affect me?

The proclamation does not directly affect J-1 Professors, Research Scholars, Short-Term Scholars, Student Interns, and University Students. 

You are eligible to extend your J-1 program and are able to leave and re-enter the US with a valid J-1 visa in your passport, however please keep in mind there are several Presidential proclamations limiting entry to the United States and most routine visa services are suspended abroad due to COVID-19. We do not recommend any non-essential international travel at this time. 

Staff and Researchers Currently Outside the United States

H-1B Temporary Workers

I am currently outside of the US with a valid H-1B visa that was issued before 6/22/2020 and expires after 12/31/2020. How does this affect me?

You are not directly affected by this proclamation. You are eligible to continue your work remotely. You are eligible to re-enter the US with a valid H-1B visa in your passport, however, please keep in mind there are several Presidential proclamations limiting entry to the United States and most routine visa services are suspended abroad due to COVID-19. If you will not have a valid H-1B visa in your passport when you plan to re-enter the US, you will not be able to apply for a new H-1B visa to re-enter the US until 1/1/2021 or until the proclamation is no longer in effect if extended. We do not recommend any non-essential international travel at this time. 

I am currently outside of the US with a valid H-1B visa that was issued before 6/22/2020 and expires before 12/31/2020. How does this affect me?

We strongly encourage you to re-enter the US before your H-1B visa in your passport expires. If your H-1B visa expires before you are able to re-enter the US, you will not be able to apply for a new H-1B visa to re-enter the US until 1/1/2021 or until the proclamation is no longer in effect if extended. You are eligible to continue your work remotely without a valid H-1B visa, but an agreement must be arranged between you and your department. 

I am currently outside of the US without a valid H-1B visa. How does this affect me?

You will not be able to apply for an H-1B visa to enter the US until 1/1/2021 or when the proclamation is no longer in effect if extended. You are eligible to continue your work remotely without a valid H-1B visa, but an agreement must be arranged between you and your department.

J-1 Professor, Research Scholar, Short-Term Scholar, Student Intern, University Student

I am currently outside of the US without a valid J-1 visa. How does this affect me?

The proclamation does not directly affect J-1 Professors, Research Scholars, Short-Term Scholars, Student Interns, and University Students. 

You are eligible to extend your J-1 program, but you are not able to re-enter the US without a valid J-1 visa in your passport. This proclamation does not affect your eligibility to apply for a J-1 visa abroad, however, please keep in mind there are several Presidential proclamations limiting entry to the United States and most routine visa services are suspended abroad due to COVID-19. We do not recommend any non-essential international travel at this time. 

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