Hours before it was set to expire, the Trump Administration extended Presidential Proclamation 10052, suspending the issuance of certain nonimmigrant visas at U.S Consulates around the world.
More specifically, such Proclamation effects individuals who are currently outside the United States, and do not already possess a valid nonimmigrant visa (valid as of June 22, 2020, or earlier). Such individuals may not be issued a visa in the following nonimmigrant visa classifications:
a. H-1B or H-2B (including H-4 dependents);
b. J-1, interns, trainees, teachers, camp counselors, au pairs, or summer work travel program participants, (including J-2 dependents); and
c. L -1 (including L-2 dependents)
The suspension on entry to the U.S. does NOT apply to:
a. Any lawful permanent resident of the United States;
b. Any alien who is the spouse or child, of a United States citizen;
c. Any alien seeking to enter the United States to provide temporary labor or services essential to the United States food supply chain; and
d. Any alien whose entry would be in the national interest.
Originally signed on June 22, 2020 (and valid as of that date), the restriction on nonimmigrant visa issuance was set to expire on December 31, 2020 at 11:59pm, and is now extended through March 31, 2021.
This Proclamation does not affect extensions of stay or changes of status filed with the USCIS Service Centers in the above referenced nonimmigrant visa categories.
Our continued advice to all nonimmigrant visa holders in the United States is to avoid non-essential travel as we cannot guarantee there won’t be any adverse decisions by border officers, even in the case of individuals who are currently permitted to travel and re-enter the U.S. We also cannot guarantee that significant changes will not occur while an individual is outside the U.S. which may preclude their re-entry to the U.S.
Please note that the new incoming Federal Administration will have the authority to reverse the above described restrictions at any point and, as such, the extension of such restrictions may not remain in place throughout its currently defined duration. We will continue to provide updates and developments as they become available.
If you have any questions, please do not hesitate to contact Anthony F. Siliato or Scott R. Malyk.