• Matt Hughes

United States Immigration Law Alert

Updated: Oct 14, 2020

June 16, 2020

Likely restrictions on L-1 and H-1B visas

Global mobility and HR practitioners should be aware of possible, major changes to U.S. immigration regulations in June 2020. Hughes Immigration is currently monitoring credible reports that the Trump Administration is drafting a new Presidential Proclamation that would limit the issuance and use of H-1B and L-1 visas. In addition, the Administration is considering new rules, which would limit the availability of work permits for H-4 visa holders, students on OPT and other groups.

While details are still scarce at this point, it appears that a proclamation could be issued in the coming days and would likely limit the travel of certain H-1B and L-1 visa holders for an initial period of180 days. The Proclamation also seems likely to also prevent the issuance of these visas for the same period.

Individuals currently holding these visas might not be able to travel on them and those already in the United States should carefully consider any upcoming travel plans given the possibility that their re-entry into the country could be impacted.

Possible Exemptions?

The details of this proclamation are still being negotiated and it is almost certain that there will be exemptions of some sort. Possible exemptions being considered include:

- L-1A executives and managers

- Health care workers

- Food industry workers

- Exemptions for US employers who conduct additional recruitment efforts

- It appears that E visas will NOT be affected.

Evolving Situation

Given the fluidity of this situation and the anxiety it is likely causing many people, I will be available by phone, email or Zoom to discuss individual circumstances either before or after the proclamation is issued.

This general information is attorney advertising and not intended as legal advice. Everyone’s situation is different, so please get in touch for advice that is specific to you.

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