On June 22, President Trump enacted an Executive Order temporarily suspending certain new work visas into the United States, impacting the ability for foreign talent to work and conduct business in the U.S., and raising many questions.

SACCNY invited its network for an important webinar to help unpack and make sense of the Executive Order and how new restrictions will affect you and your business. The Webinar will feature immigration legal expert, David W. Johnson, Partner at Gibney, Anthony & Flaherty LLP, who address key questions arising from the Proclamation.

0:00 – 30:34 | David W. Johnson, Partner at Gibney, Anthony & Flaherty presents key points on the Proclamation and addresses questions such as who is impacted, how long the visa ban is in effect, who the exceptions are, as well as how the new ban overlaps with current travel restrictions.

30:35 – 60:00 | Moderated by Anna Throne-Holst, the two address individual questions brought by the listeners. Questions were primarily centered around visa renewal of L and J visas.

Key takeaways

The new Proclamation was in effect as of June 24, 2020, at midnight, suspending new work visa applications for specific H, L, and J categories for the remainder of 2020. David noted, however, that it is possible to obtain a work visa despite having a ban in effect. The Proclamation also indicates room for refutability of ban if a foreign national is:

  • Essential to the U.S. food supply chain
  • Crucial to the facilitation of economic recovery
  • Necessary and in of national interest (e.g. healthcare, law enforcement, diplomacy, defense, research in COVID-19)
  • Asylum seekers and refugees

The validity and necessity of each individual is determined by the immigration officer on a case-by-case basis. Furthermore, at this time, all U.S. embassies, as well as the U.S.C.I.S., are currently closed, meaning all foreign nationals are unable to apply for visas regardless of eligibility.

Note on the existing travel ban:

‘*It is important to note that any Swedes who are looking to travel to the U.S. must be prepared to refute any health-related concerns over the previous two weeks prior to entering the U.S.

**Additional information has been published after the webinar and can be found here.

David W. Johnson, Partner
Gibney, Anthony & Flaherty

David is head of the Emerging Business Group at Gibney, Anthony & Flaherty LLP. He assists corporate and individual clients with immigrant, nonimmigrant and citizenship matters. He provides advice on immigration-related onboarding compliance issues.

David helps foreign entrepreneurs and start-up businesses establish their presence in the U.S. Working with emerging businesses from their inception, David develops an understanding of their strategic goals, and creates tailored immigration solutions to help facilitate their growth. He partners with other attorneys in the Emerging Business Group to provide all aspects of their corporate needs and develop long-term partnerships.

Prior to joining Gibney, David served as an immigration attorney with the Staff Attorneys’ Office of the United States Court of Appeals for the Second Circuit.


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