On June 4, 2024, President Biden issued a new executive order aimed at securing the U.S. southern border. As legal work visa holders, it’s essential to understand how these new policies might impact your ability to travel, renew visas, and ensure compliance with U.S. immigration laws. This article will provide insights and answers to common questions about the implications of the executive order.

Ability to Enter the U.S. if Traveling Abroad

Q: How does this proclamation affect my ability to enter the U.S. if I travel abroad?

A: The new executive order primarily applies to individuals seeking to enter the United States, but does not apply to U.S. citizens, lawful permanent residents, or individuals already holding valid, long-term work visas who comply with existing immigration laws and regulations.

Q: How does this proclamation affect my ability to use Automatic Visa Revalidation after a short trip to Mexico?

A: The executive order does not apply to any noncitizen who has a valid visa or lawful permission to seek entry or admission into the United States. This should include those with a valid I-94 but an expired visa who meet the requirements for automatic visa revalidation. However, if planning travel by car or on foot across the border into Mexico and back, it may be best to avoid for now. Travel by air should not be impacted and Automatic Revalidation after a trip to Canada should not be impacted.

Changes to Visa Requirements or Procedures

Q: Are there any changes to visa requirements or procedures for work visa holders?

A: Currently, there are no changes to the fundamental visa requirements or procedures.

Impact on Family Members with Dependent Visas

Q: Will my family members on dependent visas be impacted by these new border security measures?

A: Dependent visa holders are also not impacted.

Exceptions for Legal Work Visa Holders

Q: What exceptions apply to legal work visa holders under this new policy?

A: The proclamation specifically provides an exception for any noncitizen who has a valid visa, therefore legal work visa holders should not be impacted by the policy. They may however consider temporarily avoiding traveling to and from Mexico by car or on foot.

Renewal or Extension of Current Work Visa

Q: Does this proclamation affect the renewal or extension of my current work visa?

A: The proclamation does not affect renewals or extensions.

Impact on Permanent Residency Applications

Q: How will this order impact my application for permanent residency if I plan to apply soon?

A: The proclamation does not change the eligibility for permanent residency.

New Requirements or Restrictions for Re-entering the U.S.

Q: Are there any new requirements or restrictions on re-entering the U.S. if I leave for business or personal reasons?

A: Additional security measures may be implemented at entry points on the southern border. Keep abreast of the latest travel advisories and ensure you have comprehensive documentation of your visa status and employment.

Changing Employers or Job Roles

Q: Does this order affect my ability to change employers or job roles within the U.S.?

A: The proclamation does not restrict changing employers or job roles.

Processing Times for Visas and Entry Permissions

Q: How will the processing times for visas and entry permissions be impacted by this new proclamation?

A: Expect potential delays at the southern border due to heightened security measures and increased scrutiny. Plan accordingly and submit any visa applications well in advance to account for possible processing delays.

Conclusion

While this executive order aims to reduce unlawful border crossings, it has faced criticism for potentially restricting the ability of immigrants to seek asylum at the southern border. Legal challenges are likely, as advocacy groups argue that the order may violate asylum seekers’ rights under international and U.S. law. This potential litigation could lead to court injunctions or modifications of the order.

Reddy Neumann Brown PC, with over two decades of experience, focuses exclusively on U.S. employment-based immigration law and provides comprehensive assistance to both employers and employees in maneuvering through the immigration process efficiently and effectively.

By: Emily Neumann

Emily Neumann is Managing Partner at Reddy Neumann Brown PC with over 15 years of experience practicing US immigration law providing services to U.S. businesses and multinational corporations. Emily has helped transform the firm from a solo practice to Houston’s largest immigration law firm focused exclusively on U.S. employment-based immigration.  She received her Bachelor’s degree in Biology from Central Michigan University and her Juris Doctorate degree from the University of Houston Law Center. Emily is a frequent speaker and has been quoted in Forbes, Bloomberg Law, U.S. News & World Report, Inside Higher Ed, and The Times of India on various hot topics in immigration. She is a member of the American Immigration Lawyers Association and Society for Human Resource Management.