[Update] H/L/J EO: DoS does not intend to issue visas even to those in US/with valid visa on Jun 24, 2020.
There have been multiple reports that the DoS and embassies do not intend to issue new H, L, J (affected categories only) visas, even to those who were physically in the US or have a valid visa as of Jun 24, 2020. Hopefully they'll change their stance, but in the meantime everyone (except Canadian citizens) in the US on H, L, J status should avoid international travel. While those who have a valid visa for the duration of their trip can travel, be aware that unexpected delays/flight cancellations may leave you stranded outside the US with an expired visa.
Here's an update on the information available.
- DoS has indicated that while existing visas remain valid, they will not issue new visas for the affected categories.
https://twitter.com/TravelGov/status/1275576610045915136
Q: I have a valid H1B, H2B, L, or J visa and my children/spouse have derivative visas. Can we enter the U.S.? A: Those with valid visas as of June 24 are not subject to the Proclamation. However, those whose visas expire and apply for a renewal are subject to the proclamation.
https://twitter.com/TravelGov/status/1275582206338117632
If you depart the US, you will need a valid visa to return and we will not be issuing H-1B, H-2B, L, or certain J visas, and their derivatives through December 31 unless an exception applies.
- Here's someone whose L-1 visa application was denied, despite already possessing a L-1 visa valid till the end of July.
https://twitter.com/dawnfunari/status/1276343333510660096
best friend had an emergency appt today at consulate in Germany to have L1 extended.Was denied even though L1 doesn’t expire until end of July.
- Multiple immigration lawyers agree that DoS is mistaken in its interpretation, and that the plain reading of the EO should exempt those in the US/with valid visas on Jun 24, 2020. Nonetheless, being right is poor comfort for those who will remain stuck outside the US until DoS changes their interpretation.
https://twitter.com/DillonColucci/status/1276232380835966976
Plain language is clear that individuals with valid visas as of the effective date and who are in the US are exempt from the restriction, therefore, @TravelGov interpretation has no basis
https://twitter.com/MGImmigration/status/1276242441306341380
Agreed. Respectfully I think you’re wrong on this one @TravelGov. It clearly says “and”. A foreign National has to meet 3 out of 3 clauses to be subject to the proclamation.
- Canadian citizens are exempt from getting H/L/J visas, so they are exempt from the nonimmigration portion of the EO. Confirmed by CBP.
https://twitter.com/gsiskind/status/1275888181666353154
Kevin Pistone, the chief CBP officer in Vancouver pre-clearance confirmed today to AILA. "The Proclamation does not apply to foreign nationals who are normally exempt visas"
- Automatic visa revalidation remains unaffected by the EO.
[link] [comments]
source https://www.reddit.com/r/immigration/comments/hg50t1/update_hlj_eo_dos_does_not_intend_to_issue_visas/