U.S. Customs and Border Protection (CBP) has confirmed that President Trump’s latest travel ban on nonimmigrant work visas does not apply to Canadian nationals.

Key points:

  • The proclamation suspends the entry of certain foreign nationals under the H-1B, H-2B, L-1, and J-1 nonimmigrant visa categories, and their family dependents, who were outside the U.S. on the effective date of the proclamation (June 24) and did not hold a valid visa or other travel document.
  • Canadian nationals are not required to apply for visa stamps for the above nonimmigrant categories.
  • In an email, CBP confirmed to the American Immigration Lawyers Association that the proclamation does not apply to foreign nationals who are normally exempt from visas, including Canadians.

BAL Analysis: The confirmation from CBP clarifies that Canadians seeking entry in H, L or J status are not prevented from entry under the ban, and may proceed to ports of entry as normal while the proclamation is in effect. However, CBP has not yet issued a formal announcement. Because it may take some time for the agency to disseminate guidance to ports-of-entry, Canadian workers should be advised that they may in the interim encounter delays when seeking entry from Canada. BAL has created an FAQ on the proclamation and will continue to provide updates and analysis regarding the government’s implementation of the proclamation.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

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