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The effective date for most of the sections of the presidential proclamation is June 24 at 12:01 a.m. (EST).

The one exception to this effective date is the extension of the presidential proclamation issued April 22 impacting immigrant (U.S. permanent residency) visa issuance. Under the new presidential proclamation, effective immediately, the April 22 proclamation is extended until December 31, 2020.

The presidential proclamation initially will remain in effect until Dec. 31, 2020. The president may decide to continue the proclamation beyond that date.

The new restriction applies to any foreign national who wants to enter the United States on any of the following visa types:

1. H-1B (temporary specialty occupation employee);
2. H-2B (non-agricultural temporary worker);
3. L-1 (intercompany transferee executive, manager, or specialized knowledge employee); or
4. J-1 (Exchange Visitor) in the intern, trainee, teacher, camp counselor, au pair, and summer work travel categories.聽(This restriction does not apply to the research scholar, professor, student, student intern, specialist, and short-term scholar categories, which are those sponsored by CU Boulder.)

and who

1. is outside the United States on the effective date of this proclamation;
2. does not have a nonimmigrant visa stamp in their passport that is valid on the effective date of this proclamation; and
3. does not have an official travel document such as a transportation letter, an appropriate boarding foil, or an advance parole document (for example based on a pending Adjustment of Status application 鈥� Form I-485) that is valid on the effective date of this proclamation or issued after the effective date.

Specific Exceptions, special cases

• If an individual was inside the U.S. before 6/24/2020, the proclamation does not apply to them
• If an individual was outside of the U.S. but had a valid H-1B visa in their passport before 6/24/2020, they can use that visa to enter the US until that visa expires.
• If an individual was outside of the U.S. on 6/24/2020 without a valid H-1B visa but they did have an Advanced Parole document, they could use the Advanced Parole document to enter the U.S.

You can apply for a visa on or after January 1, 2021. DOS has said they will not issue affected visas until 1/1/2021 due to the proclamation.

No. The new presidential proclamation prohibits the issuance of H-1B visas to individuals outside of the U.S. who are applying for initial H-1B visas.

Maybe. According to the University of Colorado Federal Relations team, the White House on an official telephone call on June 22 stated that normal processing to renew visas for current H-1B status holders will remain in place and that this process 鈥渨ill be worked out during implementation of the policy." On Aug 12, the Department of State issued guidance for H-1B status holders who may qualify for a National Interest Exception to the proclamation. The guidance includes the following information: 鈥渢ravel by applicants seeking to resume ongoing employment in the United States in the same position with the same employer and visa classification. Forcing employers to replace employees in this situation may cause financial hardship. Consular officers can refer to Part II, Question 2 of the approved Form I-129 to determine if the applicant is continuing in 'previously approved employment without change with the same employer'.鈥� If this applies to you, please contact ISSS and/or the U.S. Embassy or Consulate where you intend to interview for your visa. 聽

Yes. Limited exceptions to the restriction are detailed in the presidential proclamation. The exceptions are:

1. U.S. permanent residents;
2. spouses and children of U.S. citizens;
3. individuals seeking to enter the U.S. to provide temporary labor or services essential to the U.S. food supply chain; and
4. and individuals whose entry would be in the national interest.

The presidential proclamation directs the Department of State, the Department of Labor, and the Department Homeland Security to establish standards to define individuals who would fall under the national interest exception to include those who: 1. are critical to the defense, law enforcement, diplomacy, or national security of the United States; 2. are involved with the provision of medical care to individuals who have contracted COVID-19 and are currently hospitalized; 3. are involved with the provision of medical research at U.S. facilities to help the United States combat COVID-19; or 4. are necessary to facilitate the immediate and continued economic recovery of the United States.

No. The new restriction does not require anyone in the United States to depart. The restrictions do not affect the immigration status for those who are already present in the United States. The U.S. government will not ask them to leave the country as long as they maintain their current immigration status.

Yes. At this time, the presidential proclamation does not impact the ability of the university to apply for the extension or change of nonimmigrant status to H-1B for an international scholar currently in the United States.

No. The new proclamation does not direct the Department of State to revoke the visa of a foreign national currently in the United States. However, the Department of State does have the ability to revoke the visa of foreign nationals for other reasons under immigration laws.

No. Please see the answer to the question above. Until the Department of State publishes in writing how they will be implementing the policy, ISSS recommends that individuals in H-1B status who do not have a valid visa stamp do not travel outside of the United States.

Yes.

As a result of confirmed cases of COVID-19 in the United States,聽on Jan. 31 the federal聽聽declared a聽. Thereafter presidential proclamations temporarily limited the entry of foreign nationals from certain countries.聽A foreign national (not a U.S. citizen or U.S. permanent resident) who travels to China, Iran, Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland, the United Kingdom, Ireland, or Brazil, will聽not聽be able to enter the United States until 14 days have passed聽unless聽the foreign national meets the definition of an immediate family member of a U.S. citizen or a permanent resident. These restrictions remain in effect until the president terminates them. For additional information about these previous presidential proclamations, please see聽the Immigration Alerts聽on the ISSS website.

In addition, in response to the COVID-19 pandemic, the U.S. Department of State suspended on March 20, 2020, routine visa services at all U.S. embassies and consulates worldwide. The U.S. embassies and consulates are only issuing visas in emergency situations. The U.S. Department of State has not announced when U.S. embassies and consulates will resume routine visa services.

Maybe. The presidential proclamation requires the labor and homeland security secretaries to issue regulations or 鈥渢ake other appropriate action鈥� to ensure that individuals in the United States or who are seeking to enter the United States pursuant to a H-1B nonimmigrant visa or employment-based second or third preference immigrant (U.S. permanent residency) visa does not 鈥渄isadvantage U.S. workers.鈥� If this provision results in changes in immigration policies in the future, International Student & Scholar Services (ISSS) will issue an Immigration Alert and/or update the ISSS website.

The text of the presidential proclamation is posted on the in the news section under 鈥淧residential Actions.鈥�