Does the Visa Ban Affect You?

6 MIN READ

President Donald Trump has shown no signs of slowing down when it comes to U.S. immigrants. In April 2020, he signed an order suspending new green cards for two months to combat potential job losses by American citizens. Last month, Trump took it another step further, banning H-1B visas and other types of visas until the end of 2020.

That’s a broad decision that will not only affect individuals in the country with pending renewals or any other cases but thousands of large companies relying on expert intelligence and skills from foreign workers.

Is Trump Banning H-1B Visas?

Yes, and he already has until the end of the year. On June 22, President Trump signed an executive order freezing green cards for new immigrants and suspending new H1-1Bs from being issued.

The White House intended to protect over half a million American jobs lost due to COVID-19. The main focus for Trump’s order is tech companies like Google, who rely on foreign workers to help build the foundations and ceilings of the company. Google, Amazon, Apple, and other companies are highly opposing this order.

H-1B visas and green cards are joined by H-2B, L1, L2, H4, and J2 visas, which have also been affected by the order. They have been banned from issuance, so anyone who has not yet had one of those visas will not be issued one until 2021.

Those who were outside the United States on the day of the order’s signing and those who did not have a valid travel document or immigrant visa will not be able to receive said document visas. It’s basically an extension of the April 2020 visa, meaning it’s only gotten worse for incoming immigrants.

Ban Exclusions

If you already have a valid H-1B, H-2B, L1, L2, H4, or J2 visa, you will be able to continue working and entering the United States based upon the typical conditions of your visa.

The ban does not apply to the following people, also:

Individuals seeking an extension of status in the U.S.
Individuals who want to adjust status while in the U.S.
Individuals filing Form I-485
Individuals seeking approval of Employment Authorization Documents
Individuals filing Form I-130
Any person who wants to enter the U.S. to provide temporary labor to the U.S. food supply chain outside of the U.S.
Any person whose entry would be in the national interest as determined by the Secretary of State or the Secretary of Homeland Security
A spouse or child of a U.S. citizen who is outside of the U.S.
Lawful permanent residents who are outside of the U.S.
E visas, Electronic System for Travel Authorization applications, and B visas.
Those approved for a cap-subject H-1B visa in the 2020-2021 lottery will still be able to change their status in the U.S.

If you don’t fit under these exclusions and urgently need to travel to the United States, consult with an immigration attorney to figure out the next steps.

When Will the Ban be Lifted?

The ban will be lifted towards all visa workers on January 1, 2021. The ban is set to run through December 31, 2020. There is no guarantee that the current details of the order will remain steadfast all throughout, so be cautious if any decisions are made past reading this article.

The H-1B Ban Affects Millions

It’s never fun dealing with immigration law, getting visas renewed, and more can be a tough thing to deal with. On top of the already difficult-to-understand system, the H-1B ban has shut the door on almost any possibility of entering the U.S. as an immigrant for the rest of the year. Still, urgent times may call for desperate measures to get to the U.S., so once again, consult with immigration lawyers.

Related Article | How to Get an H1B Visa Interview Waiver

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