Trump signed a pretty minor amendment tonight regarding the 6/22 EO

[igoyougoduke 1,656]

https://www.whitehouse.gov/presidential-actions/proclamation-amendment-proclamation-10052/?utm_source=link

 

By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 212(f) and 215(a) of the Immigration and Nationality Act (8 U.S.C. 1182(f) and 1185(a)) and section 301 of title 3, United States Code, I hereby amend Proclamation 10052 of June 22, 2020 (Suspension of Entry of Immigrants and Nonimmigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak), as follows:
Section 1.  Amendment.  Section 3(a)(ii) is amended to read as follows:

“(ii)   does not have a nonimmigrant 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; and”

Sec. 2.  General Provisions.  (a)  Nothing in this proclamation shall be construed to impair or otherwise affect:

(i)   the authority granted by law to an executive department or agency, or the head thereof; or

(ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b)  This proclamation shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c)  This proclamation is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

 

 

[igoyougoduke 1,656]

Looks like if had an existing US visa , you could not be subjected to the ban. Will see if we get more clarity 

[SalishSea 17,818]

3 minutes ago, James120383 said:

Looks like if had an existing US visa , you could not be subjected to the ban. Will see if we get more clarity 

How is that a change?  Doesn't the EO refer only to visas that have not yet been issued?

[igoyougoduke 1,656]

2 minutes ago, Jorgedig said:

How is that a change?  Doesn't the EO refer only to visas that have not yet been issued?

EO said no new visa for anyone abroad affected by EO  but this one seems to be interpreted as "No new visa if you not had a US visa " . Interpretation change 

 

[NilsaNAnil 22]

Including spouse of US citizens?

[Cilllah 476]

What does this mean for me? I have a valid K1 and K2 that were issued the 9th of June. Am I now banned?

[noname_no 38]

my brain is half-fried from all these. Someone break it down please. 

[igoyougoduke 1,656]

no one new is banned. it just says that if one had any US visa before, they could get exempted from the ban. for example if you had a visitor visa before and you are now applying for a visa under banned category than you could be exempted.

[SalishSea 17,818]

40 minutes ago, James120383 said:

no one new is banned. it just says that if one had any US visa before, they could get exempted from the ban. for example if you had a visitor visa before and you are now applying for a visa under banned category than you could be exempted.

Where are you getting that?  I don't see that at all in the amendment. 

 

That would make no sense.  This proclamation is ostensibly about protecting the US labor market, not admitting previously vetted aliens.

Edited June 30, 2020 by Jorgedig

[igoyougoduke 1,656]

8 hours ago, Jorgedig said:

Where are you getting that?  I don't see that at all in the amendment. 

 

That would make no sense.  This proclamation is ostensibly about protecting the US labor market, not admitting previously vetted aliens.

if only EO makes any commen sense. Its just an election gimmick or nothing. 

[TiEy 69]

I really do not understand this amendment. 

[The4Sands 67]

The American Immigration Lawyers Association (no idea if they're legit) said this about the new amendment (emphasis mine):

 

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 nonimmigrant visa in the same category that he or she is seeking to enter in.

 

I'm not sure if that is any clearer. Just sounds like it means if you don't actually have a valid visa in hand... you can't come in. Which seems a bit obvious.  And not worth re-stating.  

 

If this is a... precursor to something bigger, what would it be? In other words, what do they want to say later, that they need to say this now?

 

Or is it really as silly as it sounds?

 

Update:

I found this as well (really not sure of the legitimacy of this one, though):

• Many people are confusing the amendment text to say that you are banned even if you have a valid H1B, L1, or J1 visa on the date of executive order.
• This is not true. It sounds like that if you read it literally. But, as per clarification issued by attorneys and my opinion, it means that even if you had any other type of valid US visas like F1 or B1, then you cannot expect to apply for H1b, L1, or J1.
• White House just clarified it with this amendment as many attorneys were suggesting their clients that they are not affected by the ban if they had any other type of valid US visa (except H1B, H4, L1, L2, J1, J2) on the date of signing the executive order.

 

It makes sense-ish, but that doesn't make it right!

Edited June 30, 2020 by The4Sands

[Sparkle Sparkle 914]

The EO was confusing, the amendment even adds to the confusion

[HRQX 4,145]

11 hours ago, Jorgedig said:

That would make no sense.  This proclamation is ostensibly about protecting the US labor market, not admitting previously vetted aliens.

That's why section 3 was amended to make it very clear.

Section 3 before recent amendment:

Quote

Sec. 3.  Scope of Suspension and Limitation on Entry.  (a)  The suspension and limitation on entry pursuant to section 2 of this proclamation shall apply only to any alien who:

(i)    is outside the United States on the effective date of this proclamation;

(ii)   does not have a nonimmigrant visa that is valid on the effective date of this proclamation; and

(iii)  does not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission.

(b)  The suspension and limitation on entry pursuant to section 2 of this proclamation shall not apply to:

(i)    any lawful permanent resident of the United States;

(ii)   any alien who is the spouse or child, as defined in section 101(b)(1) of the INA (8 U.S.C. 1101(b)(1)), of a United States citizen;

(iii)  any alien seeking to enter the United States to provide temporary labor or services essential to the United States food supply chain; and

(iv)   any alien whose entry would be in the national interest as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.

Section 3 after recent amendment:

Quote

Sec. 3.  Scope of Suspension and Limitation on Entry.  (a)  The suspension and limitation on entry pursuant to section 2 of this proclamation shall apply only to any alien who:

(i)    is outside the United States on the effective date of this proclamation;

(ii)   does not have a nonimmigrant 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; and

(iii)  does not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission.

(b)  The suspension and limitation on entry pursuant to section 2 of this proclamation shall not apply to:

(i)    any lawful permanent resident of the United States;

(ii)   any alien who is the spouse or child, as defined in section 101(b)(1) of the INA (8 U.S.C. 1101(b)(1)), of a United States citizen;

(iii)  any alien seeking to enter the United States to provide temporary labor or services essential to the United States food supply chain; and

(iv)   any alien whose entry would be in the national interest as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.

 

[JeanneAdil 6,491]

From the USCIS site:

“Monday’s presidential proclamation temporarily restricts certain categories of visas from being issued to protect jobs for American workers while our economy recovers from the effects of COVID-19. This does not affect those currently working in the U.S. on valid H-1B or similar visas. The proclamation also does not prevent individuals in possession of valid visas prior to the effective date of the proclamation from entering or re-entering the country, if they have been abroad, provided they have not otherwise rendered themselves inadmissible.

The U.S. will continue to honor these already valid visas as we help American workers get back on their feet.” – USCIS Deputy Director for Policy Joseph Edlow