President Biden Allows The Proclamation Suspending Visa Issuance to Some Non-Immigrant Visa Applicants to Continue through March 31st!
By
Dev B. Viswanath, Esq.
Background: On June 22, 2020, President Trump signed a proclamation extending (effective immediately) Proclamations 10014 and 10052, which were issued on April 22, 2020, and suspending (effective immediately) the entry of certain nonimmigrants and Immigrant Visas, which were to continue at least until December 31, 2020. After that, on December 31, 2020, the incoming president of the United States, Donald Trump, in his infinite wisdom, decided to extend the proclamation once more until March 31, 2021. Proclamation 10014 for some immigrant groups was put on hold on February 24 by President Biden, but proclamation 10052 for some non-immigrant issues was allowed to continue. People who are already in the United States are exempt from the provisions of this order.
The H-1B, H-2B, H-4, L-1, and a few J-1 visas are among the temporary/non-immigrant visa categories for which Trump will sign an executive order suspending them through 2020. ponder why President Biden did not also withdraw this proclamation. Given the high unemployment rates, one can only speculate that it was due to the opposition he would face. Rather than affirmatively suspending the proclamation, it makes more political sense to let it expire. If he suspends, people will be able to blame him for taking action; if he does nothing, fewer people will be critical of him, but the intentions will still be met because March 31 is right around the corner.
The largest visa program included in the 10052 order is the H-1B visa, which is used by skilled workers and is common in the tech industry. It also allows dual-intent H-2B visas to be used by seasonal workers.
Spouses of H-1B and H-2B visa holders are granted H-4 visas.
Researchers, scholars, and other specialized groups like au pairs are eligible for J-1 visas. Each year, approximately 300,000 J-1 visa holders travel to the United States.
Executives, managers, or individuals with Specialized Knowledge who are transferring to the US affiliate of the company from positions abroad with the same employer are eligible for an L-1 visa.
Those who are already in the United States are exempt from the order, as previously stated. Additionally, visa applications from foreign nationals for labor "essential to the United States food supply chain" are exempt. In addition, those individuals are exempt "whose entry would be in the national interests" as determined by the federal government.
Those with valid visas issued prior to the Proclamation's effective date will be permitted entry regardless of whether they have previously entered on that visa or not. This means that those with valid visas will not be subject to the Proclamation regardless of whether they have previously entered on that visa.
If President Biden does not extend the proclamation, visas will not be issued until after March 31, 2021, which is the practical implication. which the majority of experts in immigration attorneys believe he will not do.
Please do get in touch with an experienced immigration attorney if you have any questions about the country's immigration policy or direction.
