Visa Suspensions Extended Through March 31, 2021

January 4, 2021 Sara Herbek

Key Points

  • President Trump has extended P.P. 10014 and 10052 through March 31, 2021
  • The proclamations were scheduled to expire on December 31, 2020
  • The presidential proclamations will continue to suspend entry of certain immigrants and nonimmigrants into the U.S. due to COVID-19
  • Certain exceptions apply to the suspensions
  • The suspensions may be extended past March 2021 based on epidemiological conditions

Overview

President Trump has extended Presidential Proclamations (P.P.) 10014 and 10052. The two proclamations, which suspend immigrant and nonimmigrant work visas, will remain in effect through March 31, 2021.

What are the Changes?

Both proclamations will be extended through March 2021 due to the ongoing COVID-19 pandemic. They were originally scheduled to expire on December 31, 2020. The restrictions and exemptions applicable to both proclamations will remain in place.

Background

On April 22, 2020, President Trump issued P.P. 10014, which temporarily suspended the entry of most immigrant visa applicants due to the COVID-19 pandemic.

On June 22, 2020, President Trump issued the second proclamation, P.P. 10052, suspending entry into the U.S. for certain nonimmigrant visa applicants with limited exceptions. Both proclamations were issued to mitigate the economic risk to the U.S. labor market perceivably caused by the entry of certain immigrants and nonimmigrants into the U.S.

Who is Affected?

P.P. 10014 applies to most immigrant visa categories. P.P. 10052 suspends the entry into the U.S. of certain nonimmigrant visa applicants, including H-1B, H-2B, L-1, and select J-1 visas, including applicants who are participating in teacher, trainee, intern, au pair, camp counselor, or summer work travel programs. The suspension also applies to children or spouses of J-2, L-2, and H-4 visas. Along with the two presidential proclamations, five additional geography-based COVID-19 proclamations will remain in place through March 2021, including P.P. 9984, 9992, 9993, 9996, and 10041.

Certain applicants are exempt from the travel suspension, including individuals who were in the U.S. on the proclamations’ effective date, individuals who had an official travel document valid by the proclamations’ effective date, and individuals who already had a valid visa in one of the affected categories and planned to enter the U.S. on that visa. Individuals who qualify for a National Interest Exception (NIE) are also exempt from the proclamations, including those traveling to the U.S. for healthcare reasons, work, as requested by the U.S. government, and more.

Looking Ahead

The presidential proclamations may be extended beyond March 31, 2021 depending on epidemiological conditions. Updates will be provided as they become available.


Envoy is pleased to provide you this information, which was prepared in collaboration with Sara Herbek, who is the Managing 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.

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