More news about the impact of Covid-19 on immigration: https://www.jackson-hertogs.com/employer-resources/covid-19-immigration-impacts/
Due to the Covid-19 pandemic, most U.S. consulates ceased visa services in March 2020, and offer only limited support to visa holders abroad. On June 22, 2020, the Trump Administration issued a presidential proclamation barring certain foreign nationals in the following nonimmigrant visa classifications from entering the United States:
- H-1B
- H-2B
- J-1 (intern, trainee, teacher, camp counselor, au pair, or summer work travel program categories)
- L-1, and any accompanying dependents
The Proclamation took effect at 12:01a.m. Eastern Daylight Time on June 24, 2020. It remains in effect until December 31, 2020, unless extended. The Proclamation specifically bars entry into the U.S. of individuals in one of the above nonimmigrant visa classifications who were:
- outside the U.S. as of the effective date of the proclamation;
- possessed no nonimmigrant visa valid on the effective date of the proclamation; and/or
- lacked an official travel document such as advance parole valid on the effective date or issued thereafter.
Individuals who have received a Form I-797 extension of stay or change of status notice, as long as the Form I-797 contains a new I-94 card at the bottom, remain in valid visa status in the United States. Therefore, you may continue residing and/or working in the United States. The Proclamation only impacts travel into the United States. Further, Canadian citizens in nonimmigrant visa status are exempt from the Proclamation, per recent statements from U.S. Customs and Border Protection.
However, you may be unable to enter to the U.S. unless you hold a valid, unexpired visa stamp in your passport that was (1) valid as of June 24, 2020 and (2) remains valid covering any planned international travel, and (3) also matches the visa classification of your Form I-797 petition approval notice. Should you encounter any delays in returning to the U.S., and your visa expires while you are outside the U.S., you may be forced to remain abroad until at least January 2021. The State Department has given inconsistent statements about individuals who had valid visas as of June 24, 2020, but need to renew their visas later. Thus, these interpretations may evolve over time, once agencies give further guidance.
Even if your passport contains a valid, unexpired visa stamp, we strongly recommend that you not depart the US and not engage in international travel until further notice. The Trump Administration’s trend has been to gradually expand the circle of foreign nationals barred from entering the United States. It is therefore reasonable to predict new travel bans and/or quarantine requirements could appear in future with little advance notice. We have maintained a list of U.S. coronavirus-related travel bans/quarantine requirements on our website. However, other countries may have similar bans/quarantines, or may adopt them in near future.
In summary, unless you are a Canadian citizen, any international travel could cause your return travel to be indefinitely delayed, and could jeopardize your ability to enter the United States. This applies to any of your family members, unless they are U.S. citizens or lawful permanent residents. Should you have unavoidable international travel needs, please contact your attorney at Jackson & Hertogs for a consultation.
