A Loophole in the Travel Ban is Now Closed – See the Details of Amendment
President Trump made changes to the Travel Ban Executive order he signed on April 22, 2020. It’s a minor change but closes a loophole (I would say) from the original Executive Order.
By now, you should be familiar with the Travel Ban on H1B, H4, L, J1, and H2B Visas. If you are not, then read the H1B Visa Travel Ban Key Takeaways article.
What Changed in the Amendment?
Section 1. Amendment. Section 3(a)(ii) is amended to read as follows:
“(ii) does not have a non-immigrant visa, of any of the classifications specified in section 2 of this Proclamation and pursuant to which the alien is seeking entry, that is valid on the effective date of this Proclamation;
“does not have a non-immigrant visa that is valid on the effective date of this proclamation; and”
What does this mean?
Here’s what AILA posted:
The White House issued an amendment to Proclamation 10052, noting that the limit to entry applies to any individual who does not have a valid non-immigrant visa in the same category that he or she is seeking to enter in.
Yeah! I know. It’s confusing.
But, here’s the changes in layman terms.
Read the Previous test from the Proclamation again (above).
It says travel ban applies if the person does not have a non-immigrant valid visa on the effective date (June 24, 2020)
What if the person had a valid non-immigrant visa when the ban became effective?
- Husband is on H1B Visa
- The wife has B1/B2 Visa and stuck outside the USA.
- Can wife apply for H4 Visa stamping, since she had a valid non-immigrant visa on effective date?
As per Previous Text – Yes. In the above scenario, the wife could have applied for H4 Visa, since she had a valid non-immigrant visa at the effective date of the Travel Ban.
As per Amended Text – The wife will not be able to apply for H4 Visa even with valid B1/B2 Visa.
- Can the wife enter the USA with the value of B1/B2 Visa?
- Can someone apply for F1 instead of H4 to study in the USA?
- Can someone who does not have a valid H4 visa apply for B1/B2 for the first time and do COS to H4?
I’m not an attorney and don’t want any part of answering those questions. But, if you can, Ask an Immigration Attorney here.
Why was Executive Order Amended?
Executive Order on Travel Ban impacts H1B, H4, L1, L2, J1, J2, H2B Visa.
I’m guessing, U.S. Consulates around the world could have received requests for visa interviews from applicants who had valid non-immigrant visa (say B1/B2) visa or other types of Visa.
This new Amendment to the Executive Order closes that option.
What I’m Hoping For?
There are so many stories of small kids, dying family members that are separating families and kids. If DOS, DHS can provide a FAQ on how this ban is implemented (maybe a FAQ covering various scenarios could help). Possibly additional amendments to unite the family members would be really nice too.
- Check the Non-Immigrant Visa Travel Ban Matrix see who’s impacted and how
- Original Executive Order from June 22, 2020
- Amended Executive Order from June 29, 2020