Important Updates
Important Updates
October 29, 2025 | United Kingdom, BelgiumPeople Management: How Will EU Travel Rule Changes Impact Employers?
October 30, 2025 | ChinaChina: Physical Social Security Card to Continue to Be Issued
October 30, 2025 | ChinaMainland China: Work Permit and Social Security Cards Integrated Under New Enhanced System
October 30, 2025 | 🌐Minimum Salary Changes Announced
October 29, 2025 | United Kingdom, United StatesGames Industry: US H-1B Visas: Alternatives to a $100,000 Fee
October 29, 2025 | United Kingdom, BelgiumPeople Management: How Will EU Travel Rule Changes Impact Employers?
October 30, 2025 | ChinaChina: Physical Social Security Card to Continue to Be Issued
October 30, 2025 | ChinaMainland China: Work Permit and Social Security Cards Integrated Under New Enhanced System
October 30, 2025 | 🌐Minimum Salary Changes Announced
October 29, 2025 | United Kingdom, United StatesGames Industry: US H-1B Visas: Alternatives to a $100,000 Fee
October 29, 2025 | United Kingdom, BelgiumPeople Management: How Will EU Travel Rule Changes Impact Employers?
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • 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
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

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
ContactCareersMediaClient Portal
  • Insights

President Trump Amends Nonimmigrant Proclamation to Narrow Exemption for Visa Holders

June 30, 2020

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

  • The amended proclamation makes it more difficult for foreign nationals to qualify for an exemption from the ban on entry in H-1B, H-2B, L-1, and certain J-1 statuses, including dependents.
  • Under the amendment, foreign nationals are exempt from the proclamation if they hold a valid visa in one of the restricted categories and are seeking entry to the United States pursuant to that visa. Those holding a valid visa in another category – such as F-1 or B-1 – will not be able to obtain a new H, L or J visa while the proclamation is in force, though changes of status within the United States should not be affected, including changes of status to H-1B.
  • Foreign nationals outside the United States with an expired visa may be unable to renew or obtain a new H, L or J visa absent a waiver while the proclamation is in force, even if they had a valid visa on June 24, the effective date of the proclamation.
  • Foreign nationals in the United States with an expired visa or whose visa will expire prior to any planned international travel may experience difficulty or delays obtaining a new H, L or J visa while abroad and while the proclamation is in force.

The issue

President Trump has issued an amendment to last week’s nonimmigrant proclamation, making it more difficult for foreign nationals to qualify for an exemption from a suspension of 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. 

The amendment narrows the ban’s “valid visa” exemption to include only those who held a valid visa on June 24 in one of the affected nonimmigrant visa categories and who will not require a new visa to enter the United States. As originally issued, the plain language of the proclamation implied that a valid visa on June 24 in any category would exempt a foreign national from the order; it also suggested that foreign nationals could apply to renew their visas when they expired after June 24. The amendment appears to foreclose those earlier exemptions.

Who is subject to the nonimmigrant ban, as amended?

The proclamation 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. 


However, the amended version of the proclamation appears to expand the class of foreign nationals subject to the new restrictions. The proclamation now restricts the entry of the above nonimmigrants, if:

  • They are outside the United States at 12:01AM EDT on June 24, 2020;
  • They do not hold a U.S. nonimmigrant visa in one of the above visa categories, pursuant to which the foreign national is seeking entry to the United States, and that is valid on June 24, 2020; and
  • They do not hold an advance parole or other U.S. travel document that is valid on June 24, 2020 or issued after that date.


While the language of the amended proclamation is not crystal clear, taken together with recent communications from the State Department, and until the White House provides needed clarity, it is possible that U.S. consulates may not issue new H, L, or J visas, absent a waiver, for the remainder of the year, unless the proclamation is enjoined by a court.  This could be true even for those present in the United States on June 24, despite the plain language of the proclamation to the contrary.

Who is exempt from the amended ban?

  • A foreign national who was present in the United States on June 24, holds a valid visa in one of the restricted categories and where that visa will remain valid through the date the individual seeks to reenter the United States;
  • A foreign national who was outside the United States on June 24, holds a valid visa in one of the restricted categories and where that visa will remain valid through the date the individual seeks to reenter 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;
  • Those entering the United States to work in positions essential to the U.S. food supply chain;
  • Those whose entry is deemed to be in the U.S. national interest, in the discretion of the U.S. government, which may include 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, the proclamation should not affect the ability of nonimmigrants within the United States to change status to another category, including H-1B, pursuant to an approved USCIS petition and application to change status. 

How will the travel restrictions be implemented?

The Departments of State, Homeland Security and Labor are expected to issue guidance on the implementation of the ban, the national interest exemption criteria and procedures, and other issues. The guidance is expected to clarify a number of open questions about the travel restrictions, including those stemming from recent Twitter communications from the State Department.

Until implementation guidelines are issued, those who may wish to claim an exemption from or seek a national interest waiver of the restrictions should carefully consider whether to undertake international travel and should expect significant reentry delays while the proclamation is in force. Those with an expired H-1B, H-2B, H-4, L-1, L-2, J-1 or J-2 visa who plan to make a short trip to Mexico or Canada to automatically revalidate their visa should also avoid doing so until further government clarification is issued.

Foreign nationals who relied on the text of the initial proclamation, traveled abroad and are unable to return because of the amended restrictions should contact their designated Fragomen professional.

As a reminder, foreign nationals who are exempt from the new proclamation remain subject to ongoing COVID-19 travel restrictions, which could also impede their ability to enter or reenter the United States. 

Fragomen is closely monitoring implementation of the presidential proclamation and will provide updates as the Administration issues guidance.

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

Media mentions

Games Industry: US H-1B Visas: Alternatives to a $100,000 Fee

Senior Manager William Diaz outlines the US visa options available to the games industry for bringing international talent to the United States, including O-1, L-1 and E-2.

Learn more

Media mentions

People Management: How Will EU Travel Rule Changes Impact Employers?

Partner Jo Antoons and Manager Andreia Ghimis explain how businesses can navigate Europe’s new ETIAS pre-travel authorisation and avoid disruptions.

Learn more

Media mentions

Arts Professional: How Easy Is It for Overseas Creatives to Work in the UK?

Partner Louise Haycock and Associate Jennifer Gray analyse the barriers and opportunities for overseas creatives navigating the UK’s immigration system.

Learn more

Blog post

Claiming British Citizenship Through Ancestral Lineage: Who Is Eligible?

Associate Chloe Evans outlines eligibility criteria for individuals seeking British citizenship based on ancestral ties.

Learn more

Fragomen news

Fragomen Semiconductors Presents: "Voice of the Industry" October 2025 Q&A with Shari Liss

Fragomen’s Semiconductor Industry Group publishes the next installment of its “Voice of the Industry” Q&A series, featuring Shari Liss, Vice President of Global Workforce Development and Initiatives at SEMI.

Learn more

Media mentions

Gazeta Prawna: Legalny napływ cudzoziemców do pracy powstrzymany

Partner Karolina Schiffter highlights how Poland’s tightened visa system affects foreign hiring and the challenges companies face in navigating it.

Learn more

Media mentions

Bloomberg Law: US Chamber Turns Trump Foe in Rare Split Over $100,000 H-1B Fee

Partner Carl Hampe provides insight on the impact of the $100,000 H-1B fee and the US Chamber of Commerce’s related lawsuit.

Learn more

Awards

Fragomen Wins 2025 FEM EMEA “Best Partnership” EMMA for Collaboration with TBB

Fragomen was honoured with the “Best Partnership Between a Corporate Organization and a Service Provider” EMMA at FEM's 2025 EMEA Summit.

Learn more

Media mentions

Global Mobility Lawyer: DOL Flags Immigration Crackdown as Risk to Food Supply

Partner Rachel Beardsley highlights how H-2A visa strategies can help sustain a skilled US agricultural workforce.

Learn more

Blog post

Intra-African Mobility: Unlocking the Continent’s Promise Through Free Movement

Director Willys Mac’Olale discusses how intra-African mobility can unlock the continent’s economic and social potential by promoting free movement, fostering integration and development.

Learn more

Blog post

Costa Rica Family Relocation: Understanding Residency for Dependents

Immigration Director Adriana Martínez Garro explains the residency process in Costa Rica for families relocating with dependents, outlining key legal considerations and steps for securing status.

Learn more

Media mentions

Financial Times: Scientists Charged Too Much to Come to Work in UK, Says Royal Society

Fragomen contributed data showing how UK visa and health surcharge costs compare with other leading research nations.

Learn more

Media mentions

Games Industry: US H-1B Visas: Alternatives to a $100,000 Fee

Senior Manager William Diaz outlines the US visa options available to the games industry for bringing international talent to the United States, including O-1, L-1 and E-2.

Learn more

Media mentions

People Management: How Will EU Travel Rule Changes Impact Employers?

Partner Jo Antoons and Manager Andreia Ghimis explain how businesses can navigate Europe’s new ETIAS pre-travel authorisation and avoid disruptions.

Learn more

Media mentions

Arts Professional: How Easy Is It for Overseas Creatives to Work in the UK?

Partner Louise Haycock and Associate Jennifer Gray analyse the barriers and opportunities for overseas creatives navigating the UK’s immigration system.

Learn more

Blog post

Claiming British Citizenship Through Ancestral Lineage: Who Is Eligible?

Associate Chloe Evans outlines eligibility criteria for individuals seeking British citizenship based on ancestral ties.

Learn more

Fragomen news

Fragomen Semiconductors Presents: "Voice of the Industry" October 2025 Q&A with Shari Liss

Fragomen’s Semiconductor Industry Group publishes the next installment of its “Voice of the Industry” Q&A series, featuring Shari Liss, Vice President of Global Workforce Development and Initiatives at SEMI.

Learn more

Media mentions

Gazeta Prawna: Legalny napływ cudzoziemców do pracy powstrzymany

Partner Karolina Schiffter highlights how Poland’s tightened visa system affects foreign hiring and the challenges companies face in navigating it.

Learn more

Media mentions

Bloomberg Law: US Chamber Turns Trump Foe in Rare Split Over $100,000 H-1B Fee

Partner Carl Hampe provides insight on the impact of the $100,000 H-1B fee and the US Chamber of Commerce’s related lawsuit.

Learn more

Awards

Fragomen Wins 2025 FEM EMEA “Best Partnership” EMMA for Collaboration with TBB

Fragomen was honoured with the “Best Partnership Between a Corporate Organization and a Service Provider” EMMA at FEM's 2025 EMEA Summit.

Learn more

Media mentions

Global Mobility Lawyer: DOL Flags Immigration Crackdown as Risk to Food Supply

Partner Rachel Beardsley highlights how H-2A visa strategies can help sustain a skilled US agricultural workforce.

Learn more

Blog post

Intra-African Mobility: Unlocking the Continent’s Promise Through Free Movement

Director Willys Mac’Olale discusses how intra-African mobility can unlock the continent’s economic and social potential by promoting free movement, fostering integration and development.

Learn more

Blog post

Costa Rica Family Relocation: Understanding Residency for Dependents

Immigration Director Adriana Martínez Garro explains the residency process in Costa Rica for families relocating with dependents, outlining key legal considerations and steps for securing status.

Learn more

Media mentions

Financial Times: Scientists Charged Too Much to Come to Work in UK, Says Royal Society

Fragomen contributed data showing how UK visa and health surcharge costs compare with other leading research nations.

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.