How Trump’s Proclamation 10014 affects visa applicants, shares Pinoy Lawyer
On June 22, 2020, POTUS issued Proclamation 10014, suspending entry of aliens who present a risk to the U.S. labor market following the coronavirus outbreak.
President Trump said, “I determined that, without intervention, the United States faces a potentially protracted economic recovery with persistently high unemployment if labor supply outpaces labor demand.”
The first suspension in April 2020 for 60-days did not serve any real impact. The June proclamation is a broader extension of the ban that will end on December 31, 2020.
Atty Lou Tancinco for Pusong Pinoy sa America shares her legal opinion on the suspension to help Filipino understand the proclamation.
Filam not dual citizens temporarily barred to visit the Philippines.
What is the difference between the April and June 2020 proclamations?
- Both suspend legal immigration.
- Both apply to those outside the US and have not been issues visas at the time of proclamation.
- Both exempt those who are Green Cardholders.
What is the effect of the June 2020 proclamation on “legal immigrants”?
The June proclamation bans both “non-immigrant” and “temporary visa” holders, which was not the case last April. The June suspension affected visa applicants on employment-based non-immigrant applications such as the following:
- H-1B Working VISA
- H-2B Working VISA
- J VISA – Extends to foreign nationals participating in an intern, trainee, teacher, camp counselor, au pair, summer work travel program, and any foreign national accompanying or following to join them.
- L1 VISA – Intracompany transferee and executive. The VISA allows foreign workers to relocate to the corporation’s US office.
What about those with Family petitions that were approved and priority dates are current?
Except for US citizens’ spouses and minor children, the preference category petition that is approved and current priority dates will have to wait until the proclamation expired on December 31, 2020.
However, the National visa center is still processing these petitions and encourages beneficiaries to continue their application when possible.
What you need to know before you immigrate to the US.
For example, pursuing documents related to health examination and clearance, keeping in mind these have expiration dates, becomes unacceptable after six months.
In other words, check the validity of your documents and check if it is still valid by the time you resume your application starting January 2021.
Who are the immigrants or VISA applicants NOT affected by this proclamation?
- Those who are already adjusting their status in the US. For example, waiting for a Green Card.
- Green Card holders or immigrant visa holders at the time of the proclamation in June 2020. The ban should not affect you if you already hold a valid Green Card.
- Those with temporary travel documents can still enter the US. For example, transportation letters, re-entry permits, and advance parole.
Exception: Journal Provision Based on National Interest
Children who are aging out or turning 21 years old are exempt from the ban, as this is considered a “National Interest Exemption” among others.
What the proclamation does NOT ban, among others
Other types of visas not included may still pursue their application while they wait for the proclamation to expire. Those not included can still use their valid visas to enter the United States.
- Visitor
- Fiance
- Student
- Investor
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