Biden Administration Allows Work Visa Ban to Expire; Other Restrictions on Travel Remain in Place

Biden Administration Allows Work Visa Ban to Expire; Other Restrictions on Travel Remain in Place

The Biden Administration has allowed the temporary work visa ban (Presidential Proclamation 10052) to expire on March 31, 2021 and will not extend it. While this is welcome news, individuals may still face challenges traveling to the U.S. due to other COVID-19 measures, including regional travel bans, consular service limitations and COVID-19 testing requirements.

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National Interest Exception Criteria Clarified by DOS

National Interest Exception Criteria Clarified by DOS

On June 22, 2020, President Trump signed a Presidential Proclamation (P.P. 10052) which suspended the entry and issuance of nonimmigrant visas (NIV) for applicants applying an H-1B, H-2B, L-1, and certain J-1 visas.

The US Department of State (DOS) has now issued new guidance clarifying how applicants subject to the visa suspension may qualify for a National Interest Exception (NIE), specifically those applying for an H-1B or L-1 visa who will resume their work in the US in the same position, with the same employer, and visa classification.

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Trump Issues Proclamation Suspending Entry to the US in Several Major Work Visa Categories

Trump Issues Proclamation Suspending Entry to the US in Several Major Work Visa Categories

In a move that many had anticipated for some time, President Trump signed a Presidential Proclamation on Monday, June 22, suspending the issuance of work visas in the H-1B, H-2B, J-1 and L visa categories based on the administration’s belief that doing so will avoid the risk of “displacing and disadvantaging United States workers during the current recovery.”

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