President Trump Issues Executive Order Affecting Temporary Work Permits

Volume 14, Issue 7
July 2020

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President Trump Issues Executive Order Affecting Temporary Work Permits

On June 22, President Trump issued an executive order restricting many categories of foreign workers and curbing immigration visas through the end of 2020.

While H-2A visas for agricultural workers were not included in the order and are unaffected, many other categories used by a wide range of businesses are impacted. Among those visa categories affected are:

• H-1B: Temporary work visas for specialty occupations. This category is heavily used by technology companies.
• H-2B: Temporary work visas for nonagricultural workers. This category is heavily used by employers in resort areas, as well as landscapers, seafood processors and others. Agricultural retail and equine operations also use workers in this visa category.
• J-visas: Temporary visas for foreign nationals participating in internships as trainees, teachers, camp counselors, au pairs and summer work programs. Agricultural employers often use this category to hire interns.
• L-visas: Temporary work visas for intracompany transferees of multinational corporations who work in managerial positions or have specialized knowledge.

According to the proclamation, “The entry into the United States of any alien seeking entry pursuant to any of the [listed] nonimmigrant visas is hereby suspended.”

Administration officials also said they would issue new regulations denying work authorization to asylum-seekers with pending claims for one year. Many such individuals have, in the past, found employment in the agricultural sector.

The restrictions do not affect foreign nationals already in the United States under the listed visas, nor lawful permanent residents or their immediate family members. The proclamation also says the suspension shall not apply to those who “provide temporary labor or services essential to the United States food supply chain; and… [those] whose entry would be in the national interest….”

In addition, the proclamation extends the 60-day freeze declared on April 22 on the entry of foreign nationals as immigrants, with some exceptions, through the end of 2020. Together, the two executive orders promise to significantly slow the entry of foreign nationals on both immigrant and temporary visas for the remainder of the year.

Visa processing by U.S. consulates abroad had already declined sharply prior to this announcement. State department statistics show the number of nonimmigrant visas issued each month has dropped by 90% since February of this year. Last month, the state department worldwide issued only 40,000 nonimmigrant visas, including tourist visas, down from 670,000 in January of this year.

While these orders may be challenged in court, provisions of the Immigration and Nationality Act passed in 1952, give the president broad powers to restrict entry of foreign nationals to the U.S. The Act says little about what factors a president needs to consider nor how long a suspension should last, so it is unclear if opponents have basis to challenge the administration.  

Editor: Chris Laughton 
Contributors: Keith Dickinson, Erin Pirro, Tom Cosgrove, and Chris Laughton

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