Key Points
- President Trump has extended the ban on entry of H-1B, H-2B, L-1, and some J-1 statuses and dependents, and the ban on certain immigrant entries through March 31, 2021
- The proclamations were scheduled to expire on December 31, 2020
- Certain exceptions apply to the entry bans
- The ban may be extended past March 2021 based on epidemiological conditions
Overview
President Trump has extended Presidential Proclamations (PP) 10014 and 10052. The two proclamations, which ban immigrant and nonimmigrant work visas, will remain in effect through March 31, 2021.
What are the Changes?
Both proclamations will be extended through March 2021 due to the ongoing COVID-19 pandemic. They were originally scheduled to expire on December 31, 2020. The restrictions and exemptions applicable to both proclamations will remain in place.
Background
On April 22, 2020, President Trump issued P.P. 10014, which temporarily suspended the entry of most immigrant visa applicants due to the COVID-19 pandemic.
On June 22, 2020, President Trump issued the second proclamation, P.P. 10052, which bans entry into the US for most nonimmigrant visa applicants with limited exceptions. Both proclamations were issued to mitigate the economic risk to the US labor market perceivably caused by the entry of certain immigrants and nonimmigrants into the US.
Who is Affected?
PP 10014 applies to most immigrant visa categories. US consulates will continue to not issue employment-based, family-based, or diversity lottery immigrant visas with limited exceptions to US lawful permanent residents, spouses of US citizens, children under 21 of US citizens and prospective adoptees, foreign national seeking to enter as a healthcare professional, applicants for EB-5 immigrant visas, and those whose entry would be in the US national interest.
PP 10052 suspends the entry into the US of certain nonimmigrant visa applicants, including H-1B, H-2B, L-1, and select J-1 visas, including applicants who are participating in teacher, trainee, intern, au pair, camp counselor, or summer work travel programs. The ban also applies to children or spouses of J-2, L-2, and H-4 visas. Along with the two presidential proclamations, five additional geography-based COVID-19 proclamations will remain in place through March 2021.
Certain applicants are exempt from the travel ban, including individuals who were in the US on the proclamation’s effective date, individuals who had an official travel document valid by the proclamation’s effective date, and individuals who already had a valid visa in one of the affected categories and planned to enter the US on that visa. Individuals who qualify for a National Interest Exception (NIE) are also exempt from the proclamations, including those traveling to the US for healthcare reasons, work, as requested by the US government, and more.
Looking Ahead
The presidential proclamations may be extended beyond March 31, 2021, depending on epidemiological conditions. Presidential Proclamations can be reversed by a subsequent proclamation. President-Elect Joseph Biden has not yet addressed whether his administration would rescind these proclamations. Updates will be provided as available.
