Update on Presidential Proclamation Placing Restrictions on Foreign Workers’ Entry Into the United States – New Amendment

Maggio Kattar

A new Presidential Proclamation titled “Proclamation on Amendment to Proclamation 10052” was released late June 29, 2020, amending the Proclamation that imposed restrictions on the entry of certain foreign nationals into the United States.  This Amendment makes the restriction on entry into the U.S. broader.

We previously noted in our June 22nd Alert that the initial Proclamation imposed restrictions on foreign workers that do not hold a valid U.S. visa stamp in their passports.  A plain reading of this provision would exempt the restricted visa applicants who held any type of U.S. visa which was valid as of June 24, 2020.

The June 29, 2020 “Amendment to the Proclamation” now only exempts those who held valid visas in the restricted categories as of June 24, 2020 in the same visa category as the one they are seeking to enter the U.S.

For example, an H-1B visa applicant who was outside the U.S. as of June 24, 2020 and who did not hold a valid H-1B visa stamp as of that date, but who held a valid B-1/B-2 visitor visa stamp, will now be prevented from securing an H-1B visa, unless he or she would qualify under one of the limited exceptions listed in the June 22, 2020 Proclamation.

Again, it is important to note that such individuals are still subject to the restrictions based on the various COVID-19 “travel bans” and restrictions placed on the visa application process due to the closures of U.S. consular posts.

There are additional portions of the June 22, 2020 Proclamation which may be modified by the government – we will provide additional guidance should any such changes occur.

United States-Mexico-Canada Agreement

The United States-Mexico-Canada Agreement (USMCA) becomes effective on July 1, 2020.  The USMCA replaces the North American Free Trade Agreement (NAFTA).  While NAFTA is being replaced, the TN classification for Mexican and Canadian citizens remains in place. No occupation categories have been eliminated or added.  Maggio Kattar will monitor the implementation of the USMCA with respect to the TN classification and any changes that may impact foreign workers.

Please contact your Maggio Kattar attorney with questions.