Biden Administration Cancels Presidential Proclamation 10052

Last Updated on February 23, 2023

Presidential Proclamation 10052, which temporarily suspended the entry of certain H-1B, H-2B, J, and L nonimmigrants into the U.S., expired as expected on March 31, 2021.

Overview

The proclamation was implemented by the Trump administration to prevent certain foreign nationals in temporary work visa categories from entering the U.S. during the COVID-19 pandemic. The Trump administration’s stated reason for issuing the ban was to protect the American workforce and the nation’s economy. The ban was initially set to expire on December 31, 2020, but it was extended through March 31, 2021.

What Should Employers and Applicants Know?

Although the proclamation has expired, other travel restrictions related to COVID-19 are still in effect. That includes a travel ban preventing most foreign nationals from entering the U.S. if they have been physically present in China, Iran, Ireland, Brazil, South Africa, the U.K. or the Schengen Area in the past 14 days before attempting entry into the U.S.

All travelers arriving in the U.S. by air must have documentation confirming negative COVID-19 test results, with results obtained no more than three days before boarding their flight to the U.S. Alternatively, they can provide documentation confirming recovery from a recent COVID-19 infection.

Looking Ahead

Updates on travel restrictions to the U.S. will be provided as available. Consulates may continue to experience delays in visa issuance due to staffing limitations. 

Please visit our U.S. Embassy and Consulate Closures page for the latest information on the resumption of routine visa services due to the COVID-19 pandemic and related travel restrictions.  

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Envoy is pleased to provide you this information, which was prepared in collaboration with Ian Love, who is a Partner at Global Immigration Associates, P.C. (www.giafirm.com), Envoy’s affiliated law firm.

Content in this publication is not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult an Envoy-affiliated attorney or another qualified professional.