    [United States Statutes at Large, Volume 134, 116th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    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
    By the President of the United States of America
    A Proclamation
    The 2019 Novel Coronavirus (COVID-19) has significantly disrupted
    Americans' livelihoods. Since March 2020, United States businesses and
    their workers have faced extensive disruptions while undertaking certain
    public health measures necessary to flatten the curve of COVID-19 and
    reduce the spread of SARS-CoV-2, the virus that causes COVID-19. The
    overall unemployment rate in the United States nearly quadrupled between
    February and May of 2020--producing some of the most extreme
    unemployment ever recorded by the Bureau of Labor Statistics. While the
    May rate of 13.3 percent reflects a marked decline from April, millions
    of Americans remain out of work.
    In Proclamation 10014 of April 22, 2020 (Suspension of Entry of
    Immigrants Who Present a Risk to the United States Labor Market During
    the Economic Recovery Following the 2019 Novel Coronavirus Outbreak), I
    determined that, without intervention, the United States faces a
    potentially protracted economic recovery with persistently high
    unemployment if labor supply outpaces labor demand. Consequently, I
    suspended, for a period of 60 days, the entry of aliens as immigrants,
    subject to certain exceptions. As I noted, lawful permanent residents,
    once admitted pursuant to immigrant visas, are granted ``open-market'';
    employment authorization documents, allowing them immediate eligibility
    to compete for almost any job, in any sector of the economy. Given that
    60 days is an insufficient time period for the United States labor
    market, still stalled with partial social distancing measures, to
    rebalance, and given the lack of sufficient alternative means to protect

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    unemployed Americans from the threat of competition for scarce jobs from
    new lawful permanent residents, the considerations present in
    Proclamation 10014 remain.
    In addition, pursuant to Proclamation 10014, the Secretary of Labor and
    the Secretary of Homeland Security reviewed nonimmigrant programs and
    found that the present admission of workers within several nonimmigrant
    visa categories also poses a risk of displacing and disadvantaging
    United States workers during the current recovery.
    American workers compete against foreign nationals for jobs in every
    sector of our economy, including against millions of aliens who enter
    the United States to perform temporary work. Temporary workers are

    often accompanied by their spouses and children, many of whom also
    compete against American workers. Under ordinary circumstances, properly
    administered temporary worker programs can provide benefits to the
    economy. But under the extraordinary circumstances of the economic
    contraction resulting from the COVID-19 outbreak, certain nonimmigrant
    visa programs authorizing such employment pose an unusual threat to the
    employment of American workers.
    For example, between February and April of 2020, more than 17 million
    United States jobs were lost in industries in which employers are
    seeking to fill worker positions tied to H-2B nonimmigrant visas. During
    this same period, more than 20 million United States workers lost their
    jobs in key industries where employers are currently requesting H-1B and
    L workers to fill positions. Also, the May unemployment rate for young
    Americans, who compete with certain J nonimmigrant visa applicants, has
    been particularly high--29.9 percent for 16-19 year olds, and 23.2
    percent for the 20-24 year old group. The entry of additional workers
    through the H-1B, H-2B, J, and L nonimmigrant visa programs, therefore,
    presents a significant threat to employment opportunities for Americans
    affected by the extraordinary economic disruptions caused by the COVID-
    19 outbreak.
    As I described in Proclamation 10014, excess labor supply is
    particularly harmful to workers at the margin between employment and
    unemployment--those who are typically ``last in''; during an economic
    expansion and ``first out''; during an economic contraction. In recent
    years, these workers have been disproportionately represented by
    historically disadvantaged groups, including African Americans and other
    minorities, those without a college degree, and Americans with
    disabilities.
    In the administration of our Nation's immigration system, we must remain
    mindful of the impact of foreign workers on the United States labor
    market, particularly in the current extraordinary environment of high
    domestic unemployment and depressed demand for labor. Historically, when
    recovering from economic shocks that cause significant contractions in
    productivity, recoveries in employment lag behind improvements in
    economic activity. This predictive outcome demonstrates that, assuming
    the conclusion of the economic contraction, the United States economy
    will likely require several months to return to pre-contraction economic
    output, and additional months to restore stable labor demand. In light
    of the above, I have determined that the entry, through December 31,
    2020, of certain aliens as immigrants and nonimmigrants would be
    detrimental to the interests of the United States.

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    NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States, by
    the authority vested in me 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 (INA) (8 U.S.C. 1182(f) and 1185(a)) and
    section 301 of title 3, United States Code, hereby find that the entry
    into the United States of persons described in section 1 of Proclamation
    10014, except as provided in section 2 of Proclamation 10014, and
    persons described in section 2 of this proclamation, except as provided
    for in section 3 of this proclamation, would be detrimental to the
    interests of the United States, and that their entry should be subject
    to certain restrictions, limitations, and exceptions. I therefore hereby
    proclaim the following:

    Section 1. Continuation of Proclamation 10014. (a) Section 4 of
    Proclamation 10014 is amended to read as follows:
    ``Sec. 4. Termination. This proclamation shall expire on December
    31, 2020, and may be continued as necessary. Within 30 days of June 24,
    2020, and every 60 days thereafter while this proclamation is in effect,
    the Secretary of Homeland Security shall, in consultation with the
    Secretary of State and the Secretary of Labor, recommend any
    modifications as may be necessary.'';
    (b) This section shall be effective immediately.
    Sec. 2. Suspension and Limitation on Entry. The entry into the United
    States of any alien seeking entry pursuant to any of the following
    nonimmigrant visas is hereby suspended and limited, subject to section 3
    of this proclamation:
    (a) an H-1B or H-2B visa, and any alien accompanying or following to
    join such alien;
    (b) a J visa, to the extent the alien is participating in an intern,
    trainee, teacher, camp counselor, au pair, or summer work travel
    program, and any alien accompanying or following to join such alien; and
    (c) an L visa, and any alien accompanying or following to join such
    alien.
    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;

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    (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.
    Sec. 4. Implementation and Enforcement. (a) The consular officer shall
    determine, in his or her discretion, whether a nonimmigrant has
    established his or her eligibility for an exception in section 3(b) of
    this proclamation. The Secretary of State shall implement this
    proclamation as it applies to visas pursuant to such procedures as the
    Secretary of State, in consultation with the Secretary of Homeland
    Security and the

    Secretary of Labor, may establish in the Secretary of State's
    discretion. The Secretary of Homeland Security shall implement this
    proclamation as it applies to the entry of aliens pursuant to such
    procedures as the Secretary of Homeland Security, in consultation with
    the Secretary of State, may establish in the Secretary of Homeland
    Security's discretion.
    (i) The Secretary of State, the Secretary of Labor, and the
    Secretary of Homeland Security shall establish standards to define
    categories of aliens covered by section 3(b)(iv) of this proclamation,
    including those that: are critical to the defense, law enforcement,
    diplomacy, or national security of the United States; are involved with
    the provision of medical care to individuals who have contracted COVID-
    19 and are currently hospitalized; are involved with the provision of
    medical research at United States facilities to help the United States
    combat COVID-19; or are necessary to facilitate the immediate and
    continued economic recovery of the United States. The Secretary of State
    and the Secretary of Homeland Security shall exercise the authority
    under section 3(b)(iv) of this proclamation and section 2(b)(iv) of
    Proclamation 10014 to exempt alien children who would as a result of the
    suspension in section 2 of this proclamation or the suspension in
    section 1 of Proclamation 10014 age out of eligibility for a visa.
    (ii) Aliens covered by section 3(b)(iv) of this proclamation, under
    the standards established in section 4(a)(i) of this proclamation, shall
    be identified by the Secretary of State, the Secretary of Homeland
    Security, or their respective designees, in his or her sole discretion.
    (b) An alien who circumvents the application of this proclamation
    through fraud, willful misrepresentation of a material fact, or illegal
    entry shall be a priority for removal by the Department of Homeland
    Security.
    (c) Nothing in this proclamation shall be construed to limit the
    ability of an individual to seek asylum, refugee status, withholding of
    removal, or protection under the Convention Against Torture and Other
    Cruel, Inhuman or Degrading Treatment or Punishment, consistent with the
    laws of the United States.
    Sec. 5. Additional Measures. (a) The Secretary of Health and Human
    Services, through the Director of the Centers for Disease Control and
    Prevention, shall, as necessary, provide guidance to the Secretary of
    State and the Secretary of Homeland Security for implementing measures
    that could reduce the risk that aliens seeking admission or entry to the
    United States may introduce, transmit, or spread SARS-CoV-2 within the
    United States.

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    (b) The Secretary of Labor shall, in consultation with the Secretary
    of Homeland Security, as soon as practicable, and consistent with
    applicable law, consider promulgating regulations or take other
    appropriate action to ensure that the presence in the United States of
    aliens who have been admitted or otherwise provided a benefit, or who
    are seeking admission or a benefit, pursuant to an EB-2 or EB-3
    immigrant visa or an H-1B nonimmigrant visa does not disadvantage United
    States workers in violation of section 212(a)(5)(A) or (n)(1) of the INA
    (8 U.S.C. 1182(a)(5)(A) or (n)(1)). The Secretary of Labor shall also
    undertake, as appropriate, investigations pursuant to section
    212(n)(2)(G)(i) of the INA (8 U.S.C. 1182(n)(2)(G)(i)).
    (c) The Secretary of Homeland Security shall:

    (i) take appropriate action, consistent with applicable law, in
    coordination with the Secretary of State, to provide that an alien
    should not be eligible to apply for a visa or for admission or entry
    into the United States or other benefit until such alien has been
    registered with biographical and biometric information, including but
    not limited to photographs, signatures, and fingerprints;
    (ii) take appropriate and necessary steps, consistent with
    applicable law, to prevent certain aliens who have final orders of
    removal; who are inadmissible or deportable from the United States; or
    who have been arrested for, charged with, or convicted of a criminal
    offense in the United States, from obtaining eligibility to work in the
    United States; and
    (iii) as soon as practicable, and consistent with applicable law,
    consider promulgating regulations or take other appropriate action
    regarding the efficient allocation of visas pursuant to section
    214(g)(3) of the INA (8 U.S.C. 1184(g)(3)) and ensuring that the
    presence in the United States of H-1B nonimmigrants does not
    disadvantage United States workers.
    Sec. 6. Termination. This proclamation shall expire on December 31,
    2020, and may be continued as necessary. Within 30 days of the effective
    date of this proclamation and every 60 days thereafter while this
    proclamation is in effect, the Secretary of Homeland Security shall, in
    consultation with the Secretary of State and the Secretary of Labor,
    recommend any modifications as may be necessary.
    Sec. 7. Effective Date. Except as provided in section 1 of this
    proclamation, this proclamation is effective at 12:01 a.m. eastern
    daylight time on June 24, 2020.
    Sec. 8. Severability. It is the policy of the United States to enforce
    this proclamation to the maximum extent possible to advance the
    interests of the United States. Accordingly:
    (a) if any provision of this proclamation, or the application of any
    provision to any person or circumstance, is held to be invalid, the
    remainder of this proclamation and the application of its provisions to
    any other persons or circumstances shall not be affected thereby; and
    (b) if any provision of this proclamation, or the application of any
    provision to any person or circumstance, is held to be invalid because
    of the lack of certain procedural requirements, the relevant executive
    branch officials shall implement those procedural requirements to
    conform with existing law and with any applicable court orders.

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    Sec. 9. 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.

    IN WITNESS WHEREOF, I have hereunto set my hand this twenty-second day
    of June, in the year of our Lord two thousand twenty, and of the
    Independence of the United States of America the two hundred and forty-
    fourth.
    DONALD J. TRUMP