Foreign nationals holding work visas who happen to be outside of the U.S. should consider quickly make their way to the U.S. because it seems like the administration is planning to issue very soon a proclamation that would curtail admission of people in various work, training and student visas.

Below are some FAQs to help you get the information

Q: Why?

Current POTUS has already previously used proclamations and executive orders to hurt foreign nationals, their families, and their employers and seem bent on continuing to do so. These administrative measures can become effective immediately with no transition period or advance notice. In his last proclamation POTUS indicated restrictions are to come for nonimmigrants in employment visas. H-1B, H-2B, L-1, F-1 and certain J-1s are the likely targets.

Q.: So….is this for sure or just a rumor?

It is more than that, although it is not a sure thing. Multiple indications point in this direction. Some of them are feedbacks from interest groups who engage with the administration on these issues, such measures represent a long-standing goal of the administration, one they failed to pass through proper legislation and rulemaking. The reliance on the economic fall-out from the covid-19 response as a pretense, shines the light on work and student visas as targets.

At the end of the day there may be no proclamation or a weaker version but because of the potential harm this could hold, I found it warranted to give advance notice even before we know the exact extent of this. You should make up your own mind as to whether you should take any action.

Q.: what if it does not happen?

Then we can all sound a sigh of relief. This alert is a public service to avoid family separation, loss of jobs, opportunities and/or money. The current administration has shown determination to harm immigrants, even severely (e.g. separating kids from parents indefinitely), with little regard or justification often on what seems almost like a whim. We just want you to know.

Q.: Is this going to be permanent? If not, how long will it be in effect?

Proclamations are usually not permanent. Past measures lead to the conclusion that 60 – 180 days may be a good ballpark for the initial period. It is long enough a period to cause major crisis for separated families, lose a job, devastate a business etc.

Q.: Will it affect visa holders already in the U.S.?

It is less likely to affect those in the U.S. directly. POTUS’ authority on these issues revolves around ‘entry’ or ‘admission’. This authority is quite broad. There is far less authority with regard to those already here.

Q.: How long of a notice will we get?

Probably none or a very short one. Why? Because they can and because the measure is designed, like prior similar measures to spring a trap on unsuspecting victims.

Q.: Can POTUS really do that?

Unfortunately, yes, and he has done so before, first with the Muslim bans and lately with immigrants waiting abroad. SCOTUS allowed those measures to stand.

Q.: But I have family / job / meetings / courses in the U.S. that I must attend.

Yes, the administration knows that, but hasn’t shown much regard to these issues previously. Put otherwise, your pain was a sacrifice POTUS was willing to make.

Q.: Will there be waivers?

Probably yes, but those will take time to be clarified and articulated and even more time to decide in each case, especially when U.S. consular posts are largely closed. There will be waiver, most likely for covid-19 grounds (health care workers); supply chain experts and other recovery-related waivers. Other waivers are also possible. Confusion, delays and issues in airports where people board planes to the U.S. and U.S. ports of entry are likely.

Q: What should I do?

This is quite case-specific but in general, if you are in the U.S. DO NOT travel internationally if you can help it, unless you are willing to spend an extended uncertain period abroad. If you are abroad – try to get back to the U.S. ASAP. Most importantly stay tuned and seek the advice of a lawyer before making any decisions.

Q.: is this a legal advice?

NO. it is a cautionary information provided as a service to foreign nationals, families and employers. You should always seek the advice of a lawyer with your specific circumstances, information and background.

Feel Free to contact me with any question