On June 22, 2020, former President Trump signed Proclamation 10052, ‘Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak.’
The Proclamation suspended the entry of nonimmigrants in the following categories: H-1B, H-2B, J (for foreign nationals participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program) and L, along with their spouses and children. U.S. citizens, lawful permanent residents, and foreign nationals who were inside the United States or those holding valid nonimmigrant visas in these restricted visa categories or immigrant visas on the effective date were not subject to the Proclamation. The restrictions imposed by Proclamation 10052 became effective at 12:01 a.m. EDT on Wednesday, June 24, 2020 and were extended by former President Trump through March 31, 2021. Proclamation 10052 has now expired.
Per a publication released today by the Department of State (DOS), Visa applicants who have not yet been interviewed or scheduled for an interview will have their applications prioritized and processed in accordance with existing phased resumption of visa services guidance. Visa applicants who were previously refused visas due to the restrictions of Presidential Proclamation 10052 may reapply by submitting a new application including a new fee.
Per DOS, the resumption of routine visa services, prioritized after services to U.S. citizens, is occurring on a post-by-post basis, consistent with the Department’s guidance for safely returning our workforce to Department facilities. U.S. Embassies and Consulates have continued to provide emergency and mission-critical visa services since March 2020 and will continue to do so as they are able. As post-specific conditions improve, DOS plans to begin providing additional services, culminating eventually in a complete resumption of routine visa services. Applicants should check the website of their nearest U.S. Embassy or Consulate for updates on the services that post is currently offering.
It is worth noting that other COVID-19 travel restrictions remain in place. As such, companies and individuals with ongoing or prospective immigration processes and their employees, colleagues or family members should consult with immigration counsel regarding international travel and visa processing. Gunster will continue to monitor Department of State guidance issued on the processing of nonimmigrant visas.
If you have any questions, please contact Gunster Immigration attorneys Sarah Tobocman, Mariana Ribeiro, Beatriz Osorio, and Maria Romero.
