Important Updates
Important Updates
May 28, 2025 | United KingdomYorkshire Post: Yorkshire Businesses Should Prepare for Sweeping Immigration Rule Changes
May 28, 2025 | United Arab EmiratesDubai Eye: Managing Partner, Middle East and Africa Murtaza Ali Khan discusses the UAE’s AI Workforce and Talent Mobility
May 28, 2025 | MozambiqueMozambique: Pre-Travel Authorization for Visa-Exempt Travelers Temporarily Suspended
May 28, 2025 | Saudi ArabiaSaudi Arabia: Temporary Hold on ‘Block Work Visa Quotas’ for Certain Nationalities
May 28, 2025 | IrelandThe Irish Times: ‘Without People to Build Homes, It Won’t Happen’: Construction Workers Decry Shortage of Tradespeople
May 28, 2025 | United KingdomYorkshire Post: Yorkshire Businesses Should Prepare for Sweeping Immigration Rule Changes
May 28, 2025 | United Arab EmiratesDubai Eye: Managing Partner, Middle East and Africa Murtaza Ali Khan discusses the UAE’s AI Workforce and Talent Mobility
May 28, 2025 | MozambiqueMozambique: Pre-Travel Authorization for Visa-Exempt Travelers Temporarily Suspended
May 28, 2025 | Saudi ArabiaSaudi Arabia: Temporary Hold on ‘Block Work Visa Quotas’ for Certain Nationalities
May 28, 2025 | IrelandThe Irish Times: ‘Without People to Build Homes, It Won’t Happen’: Construction Workers Decry Shortage of Tradespeople
May 28, 2025 | United KingdomYorkshire Post: Yorkshire Businesses Should Prepare for Sweeping Immigration Rule Changes
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcastsVideos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationImmigration Matters: Your U.S. Compliance RoadmapFragomen Consulting EuropeAustralian Immigration: New Skills in Demand Visa
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts
  • Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Fragomen Consulting Europe
  • Australian Immigration: New Skills in Demand Visa

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
  • Insights

President Trump Extends H/L/J Nonimmigrant Proclamation and Immigrant Proclamation to March 31, Though Exceptions Remain

January 4, 2021

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a Glance

  • President Trump has extended the ban on entry in H-1B, H-2B, L-1, and certain J-1 statuses, including dependents, and the ban on certain immigrant entries, through March 31, 2021. The bans were set to expire on December 31, 2020.
  • Foreign nationals are still exempt from the nonimmigrant proclamation if they were in the United States on June 24, 2020; or held a valid visa in one of the restricted categories on June 24 pursuant to which they seek entry to the United States; or hold a valid advance parole or other U.S. travel document (other than a nonimmigrant visa) pursuant to which they seek U.S. entry.
  • Foreign nationals may still qualify for national interest exceptions from the bans according to State Department criteria.
  • President-elect Joseph Biden is expected to review this and other presidential immigration orders after he takes office on January 20.

The issue

President Trump has extended the nonimmigrant proclamation suspending the entry of foreign nationals in the H-1B, H-2B, L-1, and certain J-1 categories, as well as related categories for dependents, to March 31, 2021. The proclamation also immediately extends until that same date the existing ban on certain immigrant entries. Both bans were scheduled to expire on December 31, 2020.

Who is subject to the nonimmigrant ban?

The H/L/J nonimmigrant proclamation, which was initially issued in late June, 2020, still only affects the following categories of nonimmigrants:

  • H-1B and H-2B nonimmigrants;
  • L-1A executives and managers;
  • L-1B specialized knowledge workers;
  • J-1 interns, trainees, teachers, camp counselors, au pairs and Summer Work Travel participants; and
  • Their dependent spouses and children. 

 

Foreign nationals applying for visas in the above classifications are subject to the ban if they meet all three of the following criteria:

  • They were outside the United States at 12:01AM EDT on June 24, 2020;
  • They did not hold a U.S. nonimmigrant visa in one of the above visa categories on June 24, pursuant to which they are seeking entry to the United States; and
  • They do not hold an advance parole or other U.S. travel document (other than a nonimmigrant visa) pursuant to which they are seeking entry to the United States.

 

Who is exempt from the nonimmigrant ban?

  • A foreign national who was present in the United States on June 24, 2020;
  • A foreign national who held a valid visa on June 24 in one of the restricted categories pursuant to which the individual seeks to reenter the United States;
  • A foreign national who holds a valid advance parole or other U.S. travel document (other than a nonimmigrant visa) pursuant to which the individual seeks to enter the United States;
  • Canadian nationals who are visa-exempt;
  • U.S. lawful permanent residents;
  • The spouses and children of U.S. citizens;
  • J-1 exchange program participants other than interns, trainees, teachers, camp counselors, au pairs and Summer Work Travel participants;
  • Certain foreign nationals entering the United States to work in positions essential to the U.S. food supply chain (generally H-2B only);
  • Those whose entry is deemed to be in the U.S. national interest, in the discretion of the U.S. government. State Department guidance on this exception was issued on August 12, 2020 and includes those necessary to facilitate the immediate and continued economic recovery of the United States, those involved in certain types of clinical care or research related to COVID-19, and those critical to U.S. national security or law enforcement.

 

In addition, pursuant to a federal court order, some organizations and their foreign employees may benefit from a limited preliminary injunction that prohibits the federal government from enforcing the H/L/J ban against the National Association of Manufacturers, the U.S. Chamber of Commerce, the National Retail Federation, Technet, and Intrax, Inc., an organization that sponsors cultural exchange programs, as well as the members of these organizations. The federal government has appealed the injunction but it remains in place until further notice.

As a reminder, foreign nationals who are exempt from the H/L/J proclamation remain subject to ongoing COVID-19 public health travel restrictions and reduced consular operations abroad, which could impede their ability to enter or reenter the United States. 

Extension of the immigrant entry ban

The proclamation also extends through March 31, 2021 an earlier ban on immigrant entry, which was set to expire on December 31, 2020. U.S. consulates will not issue employment-based, family-based or Diversity Lottery immigrant visas during this period, with limited exceptions for U.S. lawful permanent residents; spouses of U.S. citizens; children under 21 of U.S. citizens and prospective adoptees in the IR-4 or IH-4 visa classifications; foreign nationals seeking to enter on an immigrant visa as a healthcare professional, as well as their spouse and unmarried children under 21; applicants for EB-5 immigrant visas; and those whose entry would be in the U.S. national interest.

What is next for the bans?

Under the proclamation, the bans are currently in effect through March 31, 2021. Presidential proclamations can be reversed by issuance of a subsequent proclamation, but President-elect Joseph Biden has not yet addressed whether he will rescind the H/L/J nonimmigrant visa ban or immigrant visa ban after taking office on January 20. It is anticipated that all Trump Administration immigration bans will at least undergo a review for potential rescission in the new Administration. 

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Blog post

A1 Certificate Fraud: Key Takeaways from the 2025 ECJ Decision

Director Wim Cocquyt and Senior Immigration Consultant Marina Ocariz discuss key takeaways from the 2025 ECJ decision on A1 certificate fraud.

Learn more

Media mentions

Dubai Eye: Managing Partner, Middle East and Africa Murtaza Ali Khan discusses the UAE’s AI Workforce and Talent Mobility

Managing Partner for the Middle East and Africa Murtaza Ali Khan discusses the UAE’s AI talent shortage and how immigration policies are helping attract talent to the region.

Learn more

Blog post

La Naturalisation française par Décret : Des règles strictes et une exigence accrue de conformité

Senior Immigration Manager Géraldine Renaudière discusses France's tightening of the naturalization-by-decree process by enforcing stricter language, legal and financial requirements.

Learn more

Media mentions

The Irish Times: ‘Without People to Build Homes, It Won’t Happen’: Construction Workers Decry Shortage of Tradespeople

Partner Ángel Bello Cortés highlights Ireland’s respected work permit system and suggests a sector-specific permit to attract more non-EEA construction workers.

Learn more

Media mentions

Yorkshire Post: Yorkshire Businesses Should Prepare for Sweeping Immigration Rule Changes

Practice Leader Kathleen O’Donnell highlights how proposed UK immigration reforms could impact businesses in Yorkshire.

Learn more

Media mentions

Business Insider: The Death of the Digital Nomad

Partner Charlotte Wills notes that while full-time, long-term remote work might become less common, many professionals continue to work from abroad through more structured, short-term arrangements.

Learn more

Video

How to Stay in France After Graduation: Immigration Options for International Students

In this video, Immigration Consultant Laura Varon Osorio walks you through everything you need to know about staying in France after graduation. Whether you’re looking to work, start a business or transition to a new immigration status, this guide covers key immigration pathways for international students.

Learn more

Media mentions

American Bar Association's How Things Work: The Legal Edition: F-1 Student Visa Revocations

Partners Michelle Jacobson and Sarah Peterson discuss recent SEVIS terminations and visa revocations and explore what these developments may mean for international students and universities.

Learn more

Media mentions

Classical Music: The Immigration Hurdles Facing UK Orchestras in Europe

Senior Immigration Programme Manager Louise Collins, Senior Manager Sean Rhodes and Manager Andreia Ghimis explore the touring challenges UK orchestras face in Europe and discuss ways to ease mobility barriers.

Learn more

Awards

Fragomen Recognized at FACC Midwest Chicago Business Awards

Fragomen was recognized at the FACC Midwest Chicago Business Awards for "Best Business Development: US Company Expanding in France."

Learn more

Media mentions

Northern Engineer: The UK Immigration White Paper – What it Means for the Engineering Sector in the North of England

Practice Leader Kathleen O'Donnell, Manager Kirsty Moore and Immigration Paralegal Sean Pearce outline how the latest UK immigration white paper could affect engineering recruitment for employers in the North of England.

Learn more

Video

Passports & Pitch Side: Footballers on the Move ⚽ Ep. 8 (Part 2) | #FragomenFC

#FragomenFC co-hosts Partner Rick Lamanna, Senior Manager Sergio Flores and Associate Jake Paul Minster are joined by Senior Associate Tuğba Özyakup—and an avid football fan—and Ismaïl Aissati—former professional footballer.

Learn more

Blog post

A1 Certificate Fraud: Key Takeaways from the 2025 ECJ Decision

Director Wim Cocquyt and Senior Immigration Consultant Marina Ocariz discuss key takeaways from the 2025 ECJ decision on A1 certificate fraud.

Learn more

Media mentions

Dubai Eye: Managing Partner, Middle East and Africa Murtaza Ali Khan discusses the UAE’s AI Workforce and Talent Mobility

Managing Partner for the Middle East and Africa Murtaza Ali Khan discusses the UAE’s AI talent shortage and how immigration policies are helping attract talent to the region.

Learn more

Blog post

La Naturalisation française par Décret : Des règles strictes et une exigence accrue de conformité

Senior Immigration Manager Géraldine Renaudière discusses France's tightening of the naturalization-by-decree process by enforcing stricter language, legal and financial requirements.

Learn more

Media mentions

The Irish Times: ‘Without People to Build Homes, It Won’t Happen’: Construction Workers Decry Shortage of Tradespeople

Partner Ángel Bello Cortés highlights Ireland’s respected work permit system and suggests a sector-specific permit to attract more non-EEA construction workers.

Learn more

Media mentions

Yorkshire Post: Yorkshire Businesses Should Prepare for Sweeping Immigration Rule Changes

Practice Leader Kathleen O’Donnell highlights how proposed UK immigration reforms could impact businesses in Yorkshire.

Learn more

Media mentions

Business Insider: The Death of the Digital Nomad

Partner Charlotte Wills notes that while full-time, long-term remote work might become less common, many professionals continue to work from abroad through more structured, short-term arrangements.

Learn more

Video

How to Stay in France After Graduation: Immigration Options for International Students

In this video, Immigration Consultant Laura Varon Osorio walks you through everything you need to know about staying in France after graduation. Whether you’re looking to work, start a business or transition to a new immigration status, this guide covers key immigration pathways for international students.

Learn more

Media mentions

American Bar Association's How Things Work: The Legal Edition: F-1 Student Visa Revocations

Partners Michelle Jacobson and Sarah Peterson discuss recent SEVIS terminations and visa revocations and explore what these developments may mean for international students and universities.

Learn more

Media mentions

Classical Music: The Immigration Hurdles Facing UK Orchestras in Europe

Senior Immigration Programme Manager Louise Collins, Senior Manager Sean Rhodes and Manager Andreia Ghimis explore the touring challenges UK orchestras face in Europe and discuss ways to ease mobility barriers.

Learn more

Awards

Fragomen Recognized at FACC Midwest Chicago Business Awards

Fragomen was recognized at the FACC Midwest Chicago Business Awards for "Best Business Development: US Company Expanding in France."

Learn more

Media mentions

Northern Engineer: The UK Immigration White Paper – What it Means for the Engineering Sector in the North of England

Practice Leader Kathleen O'Donnell, Manager Kirsty Moore and Immigration Paralegal Sean Pearce outline how the latest UK immigration white paper could affect engineering recruitment for employers in the North of England.

Learn more

Video

Passports & Pitch Side: Footballers on the Move ⚽ Ep. 8 (Part 2) | #FragomenFC

#FragomenFC co-hosts Partner Rick Lamanna, Senior Manager Sergio Flores and Associate Jake Paul Minster are joined by Senior Associate Tuğba Özyakup—and an avid football fan—and Ismaïl Aissati—former professional footballer.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.