Effective June 24, 2020, US President Donald Trump issued a Proclamation suspending visa issuance of all H-1B, L-1, H-2B, and certain J-1 categories, and derivative visas for dependents, with some exceptions. The ban extends through December 31, 2020.
Relevant nonimmigrant visa categories believed to be unaffected by the Proclamation:
- E-1 (Treaty Trader), E-2 (Treaty Investor), E-3 (Australian professional speciality)
- F-1 Student visa
- H-1B1 (Singapore/Chile), Free Trade Agreement Professionals
- J-1 (limited exchange program participants)
- O-1, Extraordinary Ability
- TN (Canada/Mexico), NAFTA professional worker
- Canadian nationals in any of the affected categories
Recommendations for clients considering relocation to the US:
- Review overall background and available citizenships to determine if eligible for alternative work visa options such as O-1 extraordinary ability; E-1 Treaty Trader/E-2 Treaty Investor based in existing bilateral investment treaty with US;, E-3 (Australia); H-1B1 (Singapore citizens); or TN (Canada/Mexico).
- Re E-1/E-2, if not bilateral investment treat exists, consider filing for citizenship-by-investment under an immediate citizenship program (4-6 months), which offers US E-2 Treaty Investor eligibility; e.g.: Grenada or Montenegro.
Originally published by Withersworldwide, on June 2020
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
