Breaking Immigration Updates: Biden Rumored to Rescind Proclamations 10014 and 10052

Welcome back to Visalawyerblog! In this post we bring you some breaking news about what you can expect to see from the Biden administration with respect to immigration in the coming days.

Tomorrow January 29^th President Biden is expected to issue several important executive orders and memorandums aimed at reversing former President Trump’s damaging policies on immigration.

It is rumored that as part of these new orders, the President will be rescinding Proclamations 10014 and 10052.

As you may recall, Proclamation 10014 established a 60-day ban on the issuance of visas worldwide for a wide variety of immigrants including those who (1) were outside of the United States as of April 23^rd and (2) who did not have a valid immigrant visa or official travel document as of that date.

Prior to its expiration, the President signed Proclamation 10052 to extend enforcement of Proclamation 10014 and expanded the categories of immigrants affected.

Overview of Proclamation 10014

When Proclamation 10014 was first issued on April 22, 2020, it rocked the world of immigration because of the wide variety of immigrants that were swept up in its grasp.

Among those impacted were the following classes of immigrants applying for a visa at a United States Consulate or Embassy abroad from April 23, 2020 to the present:

Spouses and children of green card holders (US citizens were not affected) applying at the consulate
Parents of US citizens applying at the consulate
Brothers and sisters of US citizens applying at the consulate
Sons and daughters (meaning over 21 years old) of US citizens applying at the consulate (children under 21 years old of US citizens were not affected)
Sons and daughters (meaning over 21 years old) of green card holders applying at the consulate
EB1A extraordinary abilities and their family applying at the consulate
PERM EB3, PERM EB2, NIW employment based and their family applying at the consulate
EB4 religious workers immigrants applying at the consulate
H1B and H4 dependents applying at the consulate
L1 and L2 applying at the consulate
J1 applying at the consulate

*Due to the issuance of Proclamation 10014 those in the categories listed above have not been able to obtain a visa at a U.S. Consulate or Embassy since April 23, 2020.

Those who were not impacted by P.P. 10014 include the following:

Lawful Permanent Residents of the U.S.
Aliens who are the spouses of U.S. Citizens
Members of the U.S. Armed Forces and any spouse and child of a member of the U.S. Armed Forces
Aliens under 21 years of age who are children of United States Citizens and prospective adoptees
Aliens seeking to enter the U.S. on an immigrant visa as a physician, nurse, or other healthcare professional
Aliens seeking to enter the U.S. to perform medical research or other research intended to combat the spread of COVID-19
Any spouse any unmarried child under 21 years of age of any such alien who is accompanying or following to join the alien
Any alien applying for a visa pursuant to the EB-5 Immigrant Investor Program
Aliens whose entry furthers important United States law enforcement objectives
Any alien seeking entry pursuant to a Special Immigrant Visa in the SI or SQ classification, and any spouse and child of any such individual
- SI: Certain aliens employed by the U.S. Government in Iraq or Afghanistan as translators or interpreters
- SQ: Certain Iraqis or Afghans employed by or on behalf of the U.S. Government
Any alien whose entry would be in the national interest of the United States (national interest waivers)
Aliens seeking entry for asylum, refugee status, withholding of removal, or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

Before leaving office, Proclamation 10014 was continued by President Trump until March 31, 2021.

Overview of Proclamation 10052

Sadly, just as Proclamation 10014 was set to expire, on June 22, 2020, former President Trump signed Proclamation 10052 which (1) extended P.P. 10014 until December 31, 2020 and (2) added new limits on visa issuance and entry for H-1B, H-2B, J, and L nonimmigrants workers due to their “risk of displacing and disadvantaging U.S. workers during the Coronavirus pandemic.”

P.P. 10052 went into effect on June 24, 2020 and was continued by President Trump until March 31, 2021.

In addition to the restrictions of P.P. 10014 as outlined above, P.P. 10052 suspended entry and visa issuance for H-1B, H-2B, J visa interns, trainees, teachers, camp counselors, au pairs, summer work travel applicants, L visa applicants, as well as all aliens accompanying or following to join these categories of immigrants. Those affected included nonimmigrants who were (1) outside the U.S. on the effective date of the Proclamation (June 24) and (2) did not have a valid nonimmigrant visa or official travel document as of its effective date.

While Consulates and Embassies worldwide have temporarily suspended routine visa services, P.P. 10014 and 10052 have created even more uncertainty, since those impacted do not have a clear picture of when they will be able to apply for a visa in the future.

President Biden’s Actions

Should President Biden rescind P.P. 10014 and 10052, those impacted will be able to proceed with visa issuance and entry to the United States. However, it remains to be seen whether the Biden administration will push Consulates and Embassies worldwide to resume visa processing as before.

It appears that the Biden administration remains cautious due to the high rates of infection in the United States and around the world. It should be noted that in recent days President Biden has chosen to continue COVID-19 related executive orders passed under former President Trump, that restrict the entry into the United States of certain foreign nationals including those who were physically present within the Schengen Area, the United Kingdom (excluding overseas territories outside of Europe), the Republic of Ireland, Brazil, and South Africa during the 14-day period preceding their entry or attempted entry into the United States.

As always, we will be providing additional updates on the President’s actions right here on our blog.

Questions? If you would like to schedule a consultation, please text 619-569-1768 or call 619-819-9204.

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