Important Updates
Important Updates
July 30, 2025 | SingaporeSingapore: Reminder of Increase in Minimum Qualifying Salary for Initial S Pass Applications
July 31, 2025 | 🌐Minimum Salary Changes Announced
July 31, 2025 | Saudi ArabiaSaudi Arabia: Grace Period for Foreign Nationals in Irregular Status
July 31, 2025 | Saudi ArabiaSaudi Arabia: Temporary Hold on Issuance of Temporary Work Visas
July 30, 2025 | European UnionEuropean Union: European Travel Information and Authorisation System (ETIAS) and Entry/Exit System (EES) Launch Status
July 30, 2025 | SingaporeSingapore: Reminder of Increase in Minimum Qualifying Salary for Initial S Pass Applications
July 31, 2025 | 🌐Minimum Salary Changes Announced
July 31, 2025 | Saudi ArabiaSaudi Arabia: Grace Period for Foreign Nationals in Irregular Status
July 31, 2025 | Saudi ArabiaSaudi Arabia: Temporary Hold on Issuance of Temporary Work Visas
July 30, 2025 | European UnionEuropean Union: European Travel Information and Authorisation System (ETIAS) and Entry/Exit System (EES) Launch Status
July 30, 2025 | SingaporeSingapore: Reminder of Increase in Minimum Qualifying Salary for Initial S Pass Applications
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 ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationAustralian 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
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • 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

Green Card Backlogs and Visa Bulletin Trends: What Employers Can Do In 2025 and Beyond

Counsel Susan Steger discusses how US employers can navigate ongoing green card delays and shifting visa bulletin trends to better support foreign talent and workforce planning.

Learn more

Media mentions

C21 Media: How to Prepare for Immigration Reforms Under the UK Industrial Strategy

Senior Manager Sean Rhodes and Associate Milosz Skorupski outline how UK immigration reforms will affect creative businesses and highlight key considerations for planning ahead.

Learn more

Awards

WirtschaftsWoche Recognises Fragomen and Partner Axel Boysen as Best in Migration Law

WirtschaftsWoche names Fragomen to its "Best Law Firms 2025" list and Partner Axel Boysen to its "Best Lawyers 2025" list in the field of migration law for private individuals. 

Learn more

Media mentions

Arab News: Saudi Arabia’s High-End Dining Scene Fuels Culinary and Cultural RevivalLearn more

Awards

Fragomen Ranks as Band 1 in Chambers and Partners High Net Worth Legal Guide 2025

Fragomen is ranked in Band 1 in Chambers & Partners High Net Worth Legal Guide 2025.

Learn more

Media mentions

Toronto Star: Ford and Other Premiers Want Provincial Work Permits for Refugee Claimants. It May Not Solve Anything

Partner Rick Lamanna discusses the potential option of decentralizing work permit issuance in Canada, emphasizing the need for clear coordination between the provincial and federal governments.

Learn more
Generic Insights

Video

Transfer Tactics & Talent Pipelines – The UK Angle with Alex Hood ⚽ | #FragomenFC - Ep. 10

Fragomen FC hosts are joined by Manager Alexander Hood to examine how immigration rules are reshaping global football, from EPL transfers to the rise of international transfers into the Women’s Super League.

Learn more

Media mentions

The PIE: More Declines Loom in β€œSeriously Concerning” US Visa Trends

Partner Aaron Blumberg noted that enhanced screening measures, including social media vetting, may be contributing to delays in US student visa processing.

Learn more

Media mentions

Construction Management: Immigration Reforms: What’s Next for Construction Employers?

Associate Ilaria Iovieno outlines how recent UK immigration reforms will impact construction employers and their ability to sponsor overseas talent.

Learn more

Media mentions

Grand Designs Magazine: How to Buy Your Dream Home Overseas

Director Isobel Neilson discusses how changes to golden visa programmes are affecting UK buyers pursuing overseas property investment.

Learn more

Media mentions

TechInformed: Global Talent, Local Growth: Immigration’s Role in the Tech Economy

Senior Associate Tayyaba Karim and Associates Aisha Shahid and Yinny Tan outline how UK immigration changes affect tech talent access and business alignment.

Learn more

Media mentions

The New York Times: Hoping to Visit the U.S.? It Might Cost You an Extra $250.

Partner Parisa Karaahmet is quoted on a new country-specific, $250 "visa integrity fee" introduced by the current US administration as part of a domestic policy bill.

Learn more

Blog post

Green Card Backlogs and Visa Bulletin Trends: What Employers Can Do In 2025 and Beyond

Counsel Susan Steger discusses how US employers can navigate ongoing green card delays and shifting visa bulletin trends to better support foreign talent and workforce planning.

Learn more

Media mentions

C21 Media: How to Prepare for Immigration Reforms Under the UK Industrial Strategy

Senior Manager Sean Rhodes and Associate Milosz Skorupski outline how UK immigration reforms will affect creative businesses and highlight key considerations for planning ahead.

Learn more

Awards

WirtschaftsWoche Recognises Fragomen and Partner Axel Boysen as Best in Migration Law

WirtschaftsWoche names Fragomen to its "Best Law Firms 2025" list and Partner Axel Boysen to its "Best Lawyers 2025" list in the field of migration law for private individuals. 

Learn more

Media mentions

Arab News: Saudi Arabia’s High-End Dining Scene Fuels Culinary and Cultural RevivalLearn more

Awards

Fragomen Ranks as Band 1 in Chambers and Partners High Net Worth Legal Guide 2025

Fragomen is ranked in Band 1 in Chambers & Partners High Net Worth Legal Guide 2025.

Learn more

Media mentions

Toronto Star: Ford and Other Premiers Want Provincial Work Permits for Refugee Claimants. It May Not Solve Anything

Partner Rick Lamanna discusses the potential option of decentralizing work permit issuance in Canada, emphasizing the need for clear coordination between the provincial and federal governments.

Learn more
Generic Insights

Video

Transfer Tactics & Talent Pipelines – The UK Angle with Alex Hood ⚽ | #FragomenFC - Ep. 10

Fragomen FC hosts are joined by Manager Alexander Hood to examine how immigration rules are reshaping global football, from EPL transfers to the rise of international transfers into the Women’s Super League.

Learn more

Media mentions

The PIE: More Declines Loom in β€œSeriously Concerning” US Visa Trends

Partner Aaron Blumberg noted that enhanced screening measures, including social media vetting, may be contributing to delays in US student visa processing.

Learn more

Media mentions

Construction Management: Immigration Reforms: What’s Next for Construction Employers?

Associate Ilaria Iovieno outlines how recent UK immigration reforms will impact construction employers and their ability to sponsor overseas talent.

Learn more

Media mentions

Grand Designs Magazine: How to Buy Your Dream Home Overseas

Director Isobel Neilson discusses how changes to golden visa programmes are affecting UK buyers pursuing overseas property investment.

Learn more

Media mentions

TechInformed: Global Talent, Local Growth: Immigration’s Role in the Tech Economy

Senior Associate Tayyaba Karim and Associates Aisha Shahid and Yinny Tan outline how UK immigration changes affect tech talent access and business alignment.

Learn more

Media mentions

The New York Times: Hoping to Visit the U.S.? It Might Cost You an Extra $250.

Partner Parisa Karaahmet is quoted on a new country-specific, $250 "visa integrity fee" introduced by the current US administration as part of a domestic policy bill.

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

Β© 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.