Presidential Proclamation on Immigration
On June 22, the White House issued a new Presidential Proclamation regarding H-1b visas. The Proclamation appears to bar the entry of people who are outside of the U.S. and who are seeking, but who do not yet possess, the following visa types: H-1B, H-2B, H-4, J-1, J-2, L-1 and L-2.
The proclamation addresses J visas but does not affect the categories of Exchange Visitors (J-1 – students, scholars, researchers) for which UM issues documents. This Proclamation is valid through December 31, 2020 but should be reviewed within 30 days of the effective date of June 24, 2020, and every 60 days thereafter and adjusted as needed. The Proclamation also extends the intending immigrant ban issued on April 22 as expected (though note that this did not apply to the UM community when issued).
E-3s and F-1s, including those on OPT, are not currently affected.
Guidance for Departments and Visa Holders:
New H-1b applicants without a current, valid H-1b visa who are outside of the United States after June 24, 2020, will not be able to enter the United States until January 1, 2021, unless the Proclamation is rescinded, adjusted, or they meet one of the exceptions listed in the proclamation.
If you have an H-1b visa, you may continue to use it during the dates of validity for entry into the U.S. though it is recommended that you check with the Office of International Programs for specific guidance. Remember that UM strongly discourages personal international travel at this time due to COVID-19.
H-1b visa holders who have traveled abroad, are outside the U.S. on June 24, 2020, and whose visas have expired, will be covered by the ban and should discuss with the Office of International Programs whether any of the exceptions listed in the proclamation are applicable.
At this time, advice has been given to the one known department potentially affected by the June 22, 2020 proclamation.
Please contact the Office of International Programs at ipdept@olemiss.edu if you have specific immigration questions.
Here are two summaries of the June 22, 2020, proclamation for additional reading:
In addition, the Presidential Proclamation of May 29, 2020, directed at Chinese students and researchers, continues to be challenging and unclear. State Department officials have said that for a student or researcher to be flagged, visa applicants would have to be connected to a Chinese university that supports China’s military-fusion strategy AND be studying or doing research in a sensitive field. Unfortunately there is no guidance about which areas are considered sensitive.
State Department officials said that applicants subject to the ban should be notified at the time of their visa interview, rather than have their application linger in often-lengthy administrative processing. Unfortunately, though, the lack of transparency and information about enforcing this order leaves us searching for and awaiting clarity.
Lastly, in other regulatory news, the Supreme Court ruled on June 18, 2020, that the Department of Homeland Security's decision in 2017 to rescind DACA was arbitrary and capricious under the Administrative Procedure Act. Those affected can feel safe from deportation at least for now.
