TRUMP PROCLAMATIONS / ORDERS THAT MAY IMPACT TN VISA FILINGS

Jun 18

Trump Proclamations / Orders that May Impact TN Visas

It is now expected that Trump may issue an order by the end of June that bars the entry of H-1B, H-2B, L-1, and J-1 visa holders for potentially 90-180 days. New regulations may also be issued as early as July that place further restrictions on H-1B visas, and rescind STEM OPT and H-4 work authorization. I have not seen any indication that these potential new provisions will bar or restrict TN visas.

President Trump’s May 24, 2020 proclamation suspends the entry of non-immigrants who were present in Brazil during the 2 weeks prior to their attempted entry to the U.S. This would prohibit the entry of any TN visa holders, or individuals wishing to apply for TN visa status if they visited Brazil within the past 2 weeks (with some exceptions, e.g. for some relatives of U.S. citizens).

President Trump’s April 22, 2020 proclamation suspending certain immigrant visa holders from entering the U.S. did not suspend non-immigrant visa applications, e.g. for TN visas. However, Trump indicated that he will be reviewing the non-immigrant visa classifications, and may seek “other measures appropriate to stimulate the United States economy and ensure the prioritization, hiring, and employment of United States workers.” This could possibly result in the denial or limitation of admission of non-immigrant workers to the U.S., which could include TN visa workers.

President Trump’s March 14, 2020 proclamation suspends the entry of non-immigrants who were present in Britain and Ireland during the 2 weeks prior to their attempted entry to the U.S. This would prohibit the entry of any TN visa holders, or individuals wishing to apply for TN visa status if they visited Britain or Ireland within the past 2 weeks (with some exceptions, e.g. for some relatives of U.S. citizens).

President Trump’s March 11, 2020 proclamation suspends the entry of non-immigrants who were present in Europe during the 2 weeks prior to their attempted entry to the U.S. This would prohibit the entry of any TN visa holders, or individuals wishing to apply for TN visa status if they visited Europe within the past 2 weeks (with some exceptions, e.g. for some relatives of U.S. citizens).

President Trump’s Feb. 29, 2020 proclamation suspends the entry of non-immigrants who were present in Iran during the 2 weeks prior to their attempted entry to the U.S. This would prohibit the entry of any TN visa holders, or individuals wishing to apply for TN visa status if they visited Iran within the past 2 weeks (with some exceptions, e.g. for some relatives of U.S. citizens).

President Trump’s Jan. 31, 2020 proclamation suspends the entry of non-immigrants who were present in China during the 2 weeks prior to their attempted entry to the U.S. This would prohibit the entry of any TN visa holders, or individuals wishing to apply for TN visa status if they visited China within the past 2 weeks (with some exceptions, e.g. for some relatives of U.S. citizens).

Brian D. Zuccaro