Trump Immigration Executive Order: What about Canadian H1B and L1 'Visas'

Update: As of June 24, 2020, CBP headquarters has confirmed that CANADIANS ARE EXEMPT FROM THE PROVISIONS OF THE LATEST TRUMP IMMIGRATION ORDER, this includes H1B and L1 holders. Guidance has reportedly been issued to local ports notifying CBP of this policy position.

This post discusses the mechanics of this Canadian exemption for H1B, L1, or J ‘Visa’ holders under Proclamation 10014. As reviewed in detail in our initial post about Trump’s Immigration Executive Order, with a June 24, 2020 effective date, we discussed how this will impact visa holders seeking entry from abroad through the H1B professional worker visa, L intracompany transfer visa (likely including both L1A and L1B), J1 visa, and the H2B. This also impacts al the dependents of these visa types including H4, L2, and J2.

The Immigration Order specifically impacts those who find themselves outside the United States now or in the future, without a valid current visa stamp.

Disclaimer: The information provided here is not legal advice and does not purport to be a substitute for advice of counsel on any specific matter. For legal advice, you should consult with an attorney concerning your specific situation. Legal standards and rules often change.

So Who is Not Impacted by the Trump Immigration Executive Order?

The Executive Order makes it clear that the following groups are not impacted:

Those who are inside the U.S.. This means H1B and L1 Visa status holders who are physically located in the U.S. could still file extensions, change of status applications, and Green Card applications without issue.
Those who already have valid H1B and L1 Visas in their passports should be fine to re-enter the U.S. using those valid visa stamps.
F1 students and those in OPT or STEM OPT have not been impacted by this Executive Order.
E1, E2, and E3 Visa holders are not impacted by the Immigration Order.
O1 Visa holders are not impacted by the Order.
Mexican and Canadian TN holders are not impacted, and should be allowed to travel, absent any applicable COVID-19 related travel restrictions.
Other nonimmigrant visa types not listed in the Order should not be impacted.
Those who have other official travel documents other than a visa (i.e.: a transportation letter, an appropriate boarding foil, or an advance parole document) can still travel, so long as the document is valid on June 24, 2020 or or issued on any date thereafter that permits a person to travel to the United States and seek entry or admission.

Does Trump’s Executive Order Impact Canadian H1B and L1 Employees?

It is this last point, regarding other official travel documents other than a visa, listed in the Trump Immigration Executive Order of June 22, 2020, in Section 3, which begs the question of how Canadian H1B and L1 holders are impacted if at all. Let’s touch on this.

What is special about Canadian citizens in the context of US immigration law, is that they are visa-exempt for most visa types, including H1B, L1, O1, TN, and more. When examining part (iii) in the following section of the Executive Order closely, it thus appears that Canadians might be exempted and be allowed to enter in H1B and L1 status:

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.

Since Canadians are visa-exempt and do not need an H1B or L1 visa stamp, it stands to reason that they are in fact allowed to enter using just their Canadian passport and the applicable USCIS I-797 approval notice or I-129S (in the case of a blanket L approval).

Stay Updated on this and other Executive Order Issues

Further Articles

5 Considerations When Hiring an H-1B Employee

Want to hire an H-1B employee? Check out this chart showing 5 things to keep in mind to make the hiring process go well. Of course, there are many other items to assess but this is intended as a quick reference reminder.

Program Management

8 Tips for HR Professionals Taking Over or Improving Immigration Programs! 🚀

Program Management

Whether you are new to managing a corporate immigration program, or looking to improve your current immigration practices, I encourage you to take 2 minutes to watch the below video! 💼🌍

✨See our 8 tips and hacks to guide you through the journey. Let's dive in and empower your role today! 🎯

Program Management

EB-1A, Blog Post, Guides, Green Card

Pt. 4 - Breaking Down the EB-1A Criteria for Private Sector Professionals

EB-1A, Blog Post, Guides, Green Card

Now that you understand some of the variety of successful EB-1A cases and how long it takes to put a case together, we want to introduce and discuss the Top 5 Categories of evidence that a qualified professional who works in business, technology, or science would use for self-petitioned EB-1A cases. As you will see, these 5 are distilled from the 10 EB-1A categories that the USCIS posts on its website.

EB-1A, Blog Post, Guides, Green Card

EB-1A, PERM, Green Card, Guides, Blog Post

Pt. 3 - Let’s Talk Details - How to Prepare & File an EB-1A Petition

EB-1A, PERM, Green Card, Guides, Blog Post

Now that we know the EB-1A can be a great option to speed up your Green Card process for a wide variety of qualified professionals, what are the steps for an EB-1A case? And how long does it take? Let’s be clear: the EB-1A is a document-intensive process and it takes time and real effort on the part of you, the applicant. But the payoff in getting ahead of the Visa Backlog (TVB) is worth it. Below, we’ll outline the steps and timelines of a typical EB-1A case filed by ImmiPartner’s experienced legal team.

EB-1A, PERM, Green Card, Guides, Blog Post

Pt. 2 - Demystifying the EB-1A for Professionals—With Success Stories

EB-1A, PERM, Green Card, Guides, Blog Post

An EB-1A case could look just like you! Many professionals who are mid-career or who otherwise have had notable achievements related to their area of expertise can qualify with some dedicated attention and effort. The goal is to construct a strong EB-1 case by working with our team to build and present an accurate, fully-fleshed out picture of all of the accomplishments in your career thus far. Here are four success stories, taken from different professional fields, that illustrate just a few of the variety of approved EB-1A cases our attorneys at ImmiPartner have filed.

EB-1A, PERM, Green Card, Guides, Blog Post

Pt. 1 - An Ambitious Solution to the Dreaded Green Card Backlog - the EB-1A Green Card

EB-1A, PERM, Green Card, Guides, Blog Post

“The Visa Backlog” is enough of a significant issue affecting international workers in the United States that we have decided to give it a proper name and an acronym, TVB. Today, we start a multiple-part nosedive into how someone could take matters into their own hands and obtain their US Green Card years faster than the normal process by filing an EB-1A Green Card application themselves. Let’s treat TVB together.

EB-1A, PERM, Green Card, Guides, Blog Post

Basics Series, Corporate Immigration, Blog Post, F1 Students, H1B, H1B Visa

H-1B Cap FAQs - FY2024

Basics Series, Corporate Immigration, Blog Post, F1 Students, H1B, H1B Visa

When will I find out if my registration was selected in this year's lottery?

ANSWER: USCIS will announce on or around April 1st that it has completed the lottery of H-1B registrations and finished notifying petitioners whose registrations were selected. Your ImmiPartner legal team thoroughly reviews the selection notices for all applicants as they are received, and if your registration was among those selected, our team will notify you via email between April 1-7.

Basics Series, Corporate Immigration, Blog Post, F1 Students, H1B, H1B Visa

Corporate Immigration, H1B, H1B Visa

Calculating the 60 Day H-1B Grace Period

Corporate Immigration, H1B, H1B Visa

Understanding the 60-day rule and the possible interpretations of when this time period begins is critically important for laid-off workers. This calculation is very important for an H-1B worker and their new sponsoring employer, to ensure timely filing of a transfer application or change of status application, without USCIS finding a violation of authorized stay and denying such filing. The immigration regulations (8 CFR 214.1(l)(2)), dealing with the 60-day grace period, references “cessation of employment” as the start date or triggering event for counting this window. Let’s dig into this.

Corporate Immigration, H1B, H1B Visa

Equal Pay Transparency Laws and Immigration Related Green Card Recruitment

The recent trend in states adopting Equal Pay Transparency (EPT) laws, which typically require the disclosure of pay ranges in recruitment, also implicates immigration considerations. These considerations come into play for employers engaging in recruitment practices required to satisfy a testing of the U.S. labor market, as dictated by immigration regulation under the typical employer-sponsored PERM Green Card process.

Basics Series, Compliance, Individuals, PERM

FAQ: Tech Layoffs & Immigration Implications for Existing Employees

Basics Series, Compliance, Individuals, PERM

Layoffs impact immigration status and Green Card processing for individual employees, whether they are laid off or staying with their employer. This FAQ series answer questions related to the Green Card and PERM implications for employees remaining at companies who are going through layoffs.

Basics Series, Compliance, Individuals, PERM

Speak with our ImmiParner Attorneys Today

To make sure you understand this new Order, the impacts and solutions, feel please contact us here. Thank you!

The full text of the Executive Order can be found here.

Corporate Immigration, Entrepreneurs, Individuals, News, L1 Visa, H1B VisaImmiPartnerJune 24, 2020H1B, L1, Executive Order