President Biden Revokes Trump Administration’s Immigrant Visa Suspension

February 25, 2021 Ian Love

Key Points

  • President Biden has revoked Proclamation 10014 and its extensions
  • The proclamation was issued by the Trump administration to suspend the entry of some foreign nationals into the U.S.
  • The suspension was revoked on the grounds that it harms U.S. employers who rely on foreign talent, and that it prevented immigrants from joining their families in the U.S.
  • Proclamation 10014 affected immigrant visa applicants only
  • Most of Proclamation 10052, which suspends certain temporary nonimmigrant visa categories, remains in place through March 31, 2021

Overview

Effective immediately, President Biden has revoked Proclamation 10014, which was issued by the Trump administration to suspend the entry of certain foreign nationals into the U.S.

What are the Changes?

President Biden revoked Proclamation 10014 on the premise that contrary to the Trump administration’s assertions, the proclamation does not protect or benefit the country’s economy. Contrarily, it “harms industries” based in the U.S. that rely on global talent. Additionally, the Biden administration asserts that Proclamation 10014 “harms the United States” by preventing the reunification of some family members with U.S. citizens and lawful permanent residents.

Background

Proclamation 10014, Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak, was issued on April 22, 2020 by the Trump administration, and was extended on June 22, and again on December 31, 2020.

Who is Affected?

Proclamation 10014 affects individuals who have applied for immigrant (permanent resident) visas but have been unable to enter the U.S. through the suspension, including foreign nationals who were selected to apply for immigrant visas through the FY 2020 Diversity Visa Lottery and those who have already received their immigrant visas but have been unable to enter the country.

What Should Employers and Applicants Know?

President Biden’s proclamation applies only to immigrant visa applicants. It does not rescind Proclamation 10052 that was issued on June 22, 2020. Proclamation 10052 suspends the entry of certain beneficiaries of temporary nonimmigrant (temporary) visa categories, including J-1, H-1B and L-1 visas, and is scheduled to expire on March 31, 2021.   


Envoy is pleased to provide you this information, which was prepared in collaboration with Ian Love, who is a Managing Attorney 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.

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