Answers about Trump’s new ban
President Trump imposed a new immigration ban — this time on certain temporary workers.
He also extended his ban on certain immigrants. Here’s what you need to know about the president’s latest immigration proclamation that bans issuance of some nonimmigrant visas until the end of the year
QWho is banned? A. The new ban prevents individuals abroad from getting certain work-related visas. This includes H-1B professional workers, L-1 intracompany transferees (managers, executives and certain employees of companies abroad), certain J-1 exchange visitors and H-2B skilled workers.
The ban applies to workers outside the United States who do not have visas.
QI’m in the United States under F-1 international student status. My employer successfully applied for me to change to H-1B status. I am scheduled to begin work under H-1B status on Oct. 1.
Does the ban apply to me?
A. No, the ban applies only to individuals outside the United States on June 24 and after.
Individuals in the United States can change to one of the barred statuses, including H-1B.
QI changed from F-1 to H-1B, but I don’t have an H-1B visa in my passport. Can I get one at a U.S. consul abroad? A. Though the plain language of President Trump’s proclamation infers that you can, the U.S. Department of State says no. I’ll write more about this issue in future columns.
I am abroad with an H-1B visa. Can I return to the United States?
A. Yes. The law only bans those who do not already have a temporary work visa.
What exemptions does the proclamation provide? A Exempt are individuals coming to the United States providing temporary labor essential to our food supply chain and anyone whose entry would be of “national
interest.”
Examples include individuals working in defense, law enforcement, diplomacy, national security, medical care in connection with COVID-19, and those engaged in economic recovery.
QWhat about other nonimmigrant visas that allow for work? A. The law does not ban issuance on work-related nonimmigrant visas such as O-1 extraordinary workers and H-2A agricultural workers.
Allan Wernick is an attorney and director of the City University of New York’s Citizenship Now! project.
Send questions and comments to Allan Wernick, New York Daily News, 7th Fl., 4 New York Plaza, New York, N.Y., 10004 or email to questions@allanwernick.com. Follow him on Twitter @awernick.