President Trump Extends Immigrant and Nonimmigrant Visa Bans
President Trump extended two Presidential proclamations on December 31st, 2020, set to expire that day. Now, both Presidential Proclamations 10052 and 10014 have been extended until March 31st, 2021. These proclamations restrict the United States from issuing certain immigrant and nonimmigrant visas, and they also restrict certain nonimmigrants from traveling into the country.
With President-Elect Joe Biden being sworn into office on January 20th, it is still unknown whether or not he will undo President Trump’s extended visa bans. The proclamations give the Secretary of Homeland Security and the Secretary of Labor the authority to recommend any modifications that they feel is necessary within the first 15 days of the extension, as well as every 30 days after the extension.
Immigrant Visa Ban
Presidential Proclamation 10014 was administered on April 24th, 2020, and it suspended the entry of all intended immigrants and green card holders from entering into the United States if:
- They were outside of the United States as of April 23rd, 2020, at 11:59 pm;
- They did not have a valid immigrant visa by April 23rd, 2020, at 11:59 pm; and
- They did not have valid travel documents by April 23rd, 2020, at 11:59 pm
The ban does not affect existing lawful permanent residents currently living outside of the United States or their spouse and unmarried children under the age of 21. Another exception to this ban includes foreign nationals who are applying for the EB-5 Immigrant Investor Program, as well as their spouse and unmarried children under the age of 21.
Other exceptions include foreign nationals seeking permanent residency in the United States in certain healthcare professions.
Nonimmigrant Visa Ban
Presidential Proclamation 10052 was administered by President Trump on June 22nd, 2020, and took effect two days later. The proclamation suspended entry to the United States for all foreign nationals who hold H-1B, H-2B, J-1 and, L-1 status with some exceptions. Those exceptions include:
- Individuals outside the United States as of the proclamation effective date and possessing a valid visa;
- Individuals possessing a valid travel document permitting travel to the United States;
- Lawful permanent residents, their spouse, and children under the age of 21;
- Foreign nationals providing working in the food supply chain in the United States; and
- Foreign nationals serving the national interest, which may include those promoting national security or defense, those providing COVID-19 medical assistance; those conducting COVID-19 medical research, and those vital to the economic recovery.
Both the immigrant and nonimmigrant visa bans have been in place since April 24th and June 24th, respectively. Nothing about these bans has changed at this time – except for their expiration date, which is now March 31st. Currently, those falling under the categories above and seeking entry into the United States will likely need to apply for a national interest exemption (NIE). You can read all about the NIE in one of our previous articles that you can find here.
Read the full description of the visa ban extension on the White House website.
If you have any further questions or would like help obtaining an NIE, feel free to contact us.
Make sure to stay up to date with our blog for future updates.