Watch this guide as a video
How it all started: the April 2020 green card ban
To understand what is happening now, it helps to go back to April 2020. That is when the Trump administration first imposed a 60-day ban on issuing green cards to people who were outside the United States. Effectively, it paused the immigration process for thousands of people who were in the queue. At the same time, a committee was set up to review the US economy and study the unemployment statistics. Keep in mind that because of the coronavirus pandemic, unemployment in the US was at an all-time high, and one of the committee's main jobs was to come up with recommendations to create more jobs for American citizens. There was already speculation at that point that H1B visas could be next — but nothing was confirmed then.
The June 2020 proclamation: what actually changed
On 24th June 2020, the Trump administration issued a new proclamation. It did two things. First, it extended the earlier green card ban — people outside the US waiting for a green card now have to wait until 31st December 2020. Second, and this is the bigger development for most people reading this, it placed all new H1B, H2B, L1, and J1 visas on hold until 31st December 2020 as well. If you were waiting for one of these visas to be issued, or if your visa had already been approved but was waiting to be stamped, that wait has just gotten significantly longer.
Who is impacted by this ban?
New visa holders waiting for stamping
If you recently received a new H1B visa — say it was issued to you in March 2020 — and you are currently in your home country waiting for the visa stamp to make it fully valid, this ban impacts you directly. You will have to wait until the ban is lifted before that stamping can happen.
Renewed visa holders who travelled home for stamping
If your H1B or other work visa was renewed by your employer, and you then travelled to India (or another home country) to get the stamp done but have not been able to get a consulate appointment yet — this ban affects you too. You will have to wait for the ban to be lifted before your stamping can move forward.
Dependants currently outside the US
Want personalized feedback on your answers?
Shachi does 1-on-1 mock interviews — get real-time coaching before your consulate visit.
Book a Mock InterviewThis one catches a lot of people off guard. Even if you yourself are inside the US on a valid H1B visa, if your spouse or children travelled outside the US and are now waiting for their dependent visa stamp — they are also impacted by this ban. For example, if your wife travelled to India for stamping and has not yet received her stamp, she will need to wait until the ban is lifted.
Who is NOT impacted by this ban?
Visa holders currently inside the United States
If you are already in the US on any of these visa categories and you are living and working there, this ban does not affect you. Even if your H1B is coming up for renewal in August and your employer has already started the renewal process — as long as you do not travel outside the US before the end of this year, you will be fine.
People with a valid stamp who are temporarily stuck outside the US
If you hold a valid passport with a valid visa stamp, and you happen to be outside the US right now because of the pandemic situation, this ban does not apply to you. Your visa is already valid and stamped. As soon as international flights resume, you can travel back to the US.
People inside the US waiting for a change of status
If you are a student currently on OPT inside the US and your employer has filed for an H1B visa on your behalf, this ban does not impact you. Change of status processes for people who are physically within the US are not affected. The key principle here is simple: as long as you are inside the United States, this ban does not touch you — whether your visa is being renewed, changed in status, or is coming up for renewal.
What should you do next if you are affected?
First, keep in mind that this is not a permanent ban. It is in place only until 31st December 2020, and it is set to be reviewed every 60 days. It is largely a short-term measure aimed at boosting the US economy and bringing down unemployment. Whether it becomes something more permanent will depend significantly on the outcome of the US presidential elections in November 2020. Given all of this uncertainty, my first recommendation is to adopt a wait-and-watch approach.
Second, remember that at this point in time, all US embassies and consulates in India and most other countries are closed anyway. So even without this ban, you would have had to wait for the embassies to reopen before any stamping could happen. Stay strong, and do not lose hope.
Third, while you are waiting, it is worth exploring the job market in your home country. A lot of support has been coming from the startup community in India, and many founders have stepped forward to connect with people who are stranded in this situation. This could be a good time to reach out and explore those opportunities.
Finally, there is a special provision in the proclamation for exceptional conditions. If you find yourself in an exceptional circumstance — such as being stranded away from your family — you may be able to reach out to the consulate. However, I would strongly recommend speaking with an immigration lawyer before taking that step, so you have all the details properly sorted.
Need help with your visa preparation?
Have questions after reading this guide? I’m happy to help.
Chat with Shachi on WhatsAppNext steps
Continue your preparation with these resources.
