6/29 Update: Trump amends the proclamation

On June 29, Trump issued an amended proclamation that closed some of the "loopholes." We have therefore updated the answers in the Q&A below.

This had been rumored for quite a while, but nothing had been finalized until now. Today (June 22), Trump finally signed an executive order suspending the issuance of new work visas and entry to the U.S. The order also extends the earlier April immigration-ban executive order. Trump often makes a lot of noise with limited practical effect, so in reality this has little impact on most people who are already in the United States. Let's walk through the details.

June 22 Executive Order

White House proclamation link (please read it together with the amendment above)

If all of the following apply to you:

  • You were outside the United States on June 24;
  • You did not have a valid nonimmigrant visa in the same category on June 24; and
  • You did not have any other valid U.S.-issued travel document on June 24 (for example, Advance Parole)

then you may not be issued the following visas:

  • H1B or H2B visas (and their H4 dependents);
  • L visas (and their L2 dependents); and
  • J visa interns, trainees, teachers, camp counselors, au pairs, and summer work travel participants

The ban remains in effect through December 31 of this year.

The proclamation also includes certain other exemptions. For example, spouses and children of U.S. citizens (but not parents), workers in the food supply industry, and other individuals whom the State Department determines to be in the U.S. national interest may be exempt.

Frequently Asked Questions

I am already in the U.S. in H status. Can I still go back to my home country?

Yes. After you return home, you can still apply for a new visa stamp again (once consulates reopen) and come back to the United States. You can qualify for an exemption based on having been in the United States on June 24. However, you still need to comply with the 14-day entry restriction related to mainland China. If you want to return to the U.S. from mainland China, you must first spend 14 days quarantining in a third country not subject to the restriction. Cambodia has been a popular option recently. Other Asian countries have also gradually begun reopening to residents of mainland China, so we expect the quarantine requirement will not be a major problem.

I am already in the U.S. in H status. Can I go to Canada or Mexico and then re-enter the U.S.?

For people who were in the United States on June 26, automatic revalidation still applies. For people whose visas had already expired as of June 26, the situation is still unclear, and in the author's view the risk is fairly high. It is better not to rush. The consulates are still not open, and waiting to see what happens with other travelers before deciding would be prudent.

I was selected in this year's H1B lottery. Does this affect me?

No. If you are changing status inside the United States (Change of status), this executive order does not affect you, and you will still automatically change to H1B on October 1. If you are going through consular processing and need to activate your H1B from abroad, you can also qualify for an exemption. You may also choose to switch to an in-country change of status instead.

I am already in the U.S. Can I still change employers or extend my status?

Yes. The executive order does not affect extensions or change-of-status applications for people already in the United States. You can still switch among H, L, and J status, or extend your current status.

I am in the U.S. on H1B, and my spouse is abroad with no visa at all. Can my spouse apply for H4 and come to the U.S.?

Based on the text of the executive order, because your spouse does not have a valid visa and does not fall under any exemption, your spouse cannot come to the United States.

Loophole? If I have a valid B visa, can I still apply for an H1B visa this year and come to the U.S.?

Under the original proclamation, you were not affected. But on June 29, Trump amended the proclamation, and you can no longer apply for the visa.