Biden Lets Trump’s Work Visa Restrictions Expire


Trump’s travel restrictions expired on March 31, 2021. President Joseph Biden has not extended the former proclamations which means that they are no longer in effect.

Background

On April 22, 2020 former President Donald J. Trump issued proclamation 10014[1] that suspended the entry of certain immigrants to the United States (“U.S.”). This proclamation was extended on June 22, 2020 by section 1 of Proclamation 10052, “Suspension of Entry of Immigrants and Nonimmigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak[2], and again by Proclamation 10131 of December 31, 2020.

These proclamations suspended the entry of employment-based nonimmigrants, including the following:

  • H-1B professional/specialty workers and their dependents
  • H-2B temporary and seasonal workers and their dependents
  • L-1 intracompany transferees and their dependents
  • J-1 international exchange workers and their dependents

While travel bans are still in effect, some nonnimmigrants have been able to qualify for the rarely-granted National Interest Exemption for essential workers.

What’s Happening Now

Trump’s travel restrictions expired on March 31, 2021. President Joseph Biden has not extended the former proclamations which means that they are no longer in effect.

The impact of these executive orders harmed, rather than helped United States economic interests by restricting talented foreign workers from contributing to the U.S. economy.

Biden’s decision not to extend the proclamations will please many business groups, particularly those in the Tech industry who rely heavily on skilled foreign workers.

In addition, in February 2021, President Biden revoked Trump’s Proclamation 10014 which prevented foreign workers from moving to the U.S. as permanent residents (green card holders) by taking executive action.[3]

How it Impacts You

The expiration of the Trump Proclamations allows H-1B, H-2B, J and L holders to apply for visa stamps at US consulates, and if approved, return to the U.S. and resume work.

The U.S. consulates will now be able to issue new visas which they may not have previously been authorized to issue.

It is important to stay aware of any travel bans specific to certain countries which may still be in effect. Contact our office to see whether we can help you move forward with your visa applications.

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[1]https://www.federalregister.gov/documents/2020/04/27/2020-09068/suspension-of-entry-of-immigrants-who present-a-risk-to-the-united-states-labor-market-during-the

[2] https://www.federalregister.gov/documents/2020/06/25/2020-13888/suspension-of-entry-of-immigrants-and-nonimmigrants-who-present-a-risk-to-the-united-states-labor

[3] https://www.whitehouse.gov/briefing-room/presidential-actions/2021/02/24/a-proclamation-on-revoking-proclamation-10014/

 

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