Visa Lawyer Blog

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In today’s blog post, we are happy to bring our readers some very exciting news.

On April 26, 2021, the Department of State formally announced a new National Interest Determination for certain categories of nonimmigrant visa applicants currently unable to enter the United States due to COVID-19 related Regional Presidential Proclamations issued earlier this year. This new determination will allow certain travelers to obtain their visas and enter the United States, despite the issuance of COVID-19 related Regional Presidential Proclamations, known as Presidential Proclamations 9984, 9992, and 10143.

These Proclamations were issued early last year to prevent the rapid spread of COVID-19 to the United States, specifically from China, Iran, Brazil, South Africa, the Schengen countries, the United Kingdom, and Ireland.

Such Proclamations had the effect of restricting and suspending the entry into the United States, of both immigrants and nonimmigrants, who were physically present within the Schengen Area, Brazil, China, the United Kingdom, Ireland, South Africa, and Iran, during the 14-day period preceding their entry or attempted entry into the United States. Few categories of individuals were exempted from these Presidential Proclamations, including lawful permanent residents of the United States (green card holders), spouses of U.S. Citizens or lawful permanent residents, and others who were similarly exempted.

Individuals who have not been specifically exempted from the Regional Proclamations and have remained physically present in the impacted regions, have been unable to proceed with visa processing. Consulates worldwide have refused to grant visas to these individuals due to the enforcement of the Proclamations.

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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 29th 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 23rd 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  

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Welcome back to Visalawyerblog! Happy New Year to all of our readers. We hope that you had a relaxing holiday with your loved ones. We look forward to providing you with the latest updates on immigration as we soon enter the Biden administration on January 20th.

Although Biden’s inauguration looms on the horizon, the Trump administration continues to make last minute efforts to derail the issuance of visa applications for thousands of green card applicants residing abroad.

On New Year’s Eve, President Trump signed a new proclamation extending the enforcement of his previously issued April 22nd Proclamation 10014 entitled, “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,” as well as Proclamation 10052 issued on June 22, 2020.

The new proclamation extends the enforcement of these previously issued Proclamations until March 31, 2021. 

P.P. 10014 Overview

As you may recall the April 22nd Proclamation (10014) imposed a 60-day ban on the issuance of visas at U.S. Consulates and Embassies abroad and limited the entry of certain classes of aliens beginning April 23, 2020 and terminating on June 22, 2020.

Pursuant to P.P. 10014, the entry of the following aliens was suspended and limited until June 22, 2020:

  • Aliens outside of the United States on the effective date of the Proclamation (April 23)
  • Aliens without an immigrant visa that was valid on the effective date of the Proclamation (April 23rd) and
  • Aliens who did not have an official travel document other than a visa on the effective date of the proclamation (April 23rd) or issued on any date thereafter that permitted him or her to travel to the United States and seek entry or admission

The order did not apply to the following classes of aliens:

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On October 1, 2020, federal judge Jeffrey White of the U.S. Court for the Northern District of California issued a preliminary injunction that prevents the government from enforcing Presidential Proclamation 10052 issued on June 22, 2020, but only against the Plaintiffs in the lawsuit which include the National Association of Manufacturers, the United States Chamber of Commerce, the National Retail Federation, Technet, and Intrax, Inc. See National Association of Manufacturers v. Department of Homeland Security.

The plaintiffs brought the lawsuit before the court to challenge the issuance of Presidential Proclamation 10052, which suspends visa issuance for certain nonimmigrant workers until December 13, 2020, with discretion to be continued “as necessary.” Those impacted by this Proclamation include applicants who were not in the United States on June 24th or in possession of a valid visa as of that date, who seek visas in any of the following categories:

(1) H-1B or H-2B visa nonimmigrant visa applicants, and any alien accompanying or following to join such alien;

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In this blog post we share with our readers several new developments in immigration relating to COVID-19.

At a Glance: What’s in This Blog?

  • DOS Announces One-Month Extension for Immigrant Visa Medical Examinations
  • Phased Resumption of Routine Visa Services
  • DOS Releases SEVP Online Course Guidance for F and M Students for Fall 2020
  • When will the Presidential Proclamation Suspending Entry for the Schengen Countries be Lifted?
  • Are there any National Interest Exceptions for Certain Travelers from the Schengen Area, United Kingdom, and Ireland?
  • Are there any National Interest Exceptions to Presidential Proclamations (10014 & 10052) Suspending the Entry of Immigrants and Nonimmigrants Presenting a Risk to the United States Labor Market?

DOS Announces One-Month Extension for Immigrant Visa Medical Examinations

We are pleased to report that on July 24, 2020, the Department of State issued an important announcement confirming that the Centers for Disease Control and Prevention (CDC) have approved a one-month extension for medical examinations conducted between January 1, 2020 and June 30, 2020. As many of you know, medical examinations for immigrant visa applicants are valid for a maximum of six months.

The Department of State has advised applicants (1) who were unable to travel on an issued visa, or (2) who obtained a medical examination but did not receive a visa, to contact the Immigrant Visa Unit of the U.S. Embassy or Consulate that issued or is adjudicating your visa application to determine whether you may be issued or reissued a visa for one additional month. Applicants who are unable to travel within one additional month, should consider waiting until they are able to travel to obtain a new, full validity medical examination and visa.

Phased Resumption of Routine Visa Services

In March 2020 the Department of State suspended routine visa services worldwide in response to the Coronavirus pandemic. On July 14, 2020 the Department of State released information on its webpage notifying the public that resumption of routine visa services will occur on a post-by post basis, in coordination with the Department’s Diplomacy Strong framework to safely return personnel to Department facilities. With that being said, the Department of State cannot provide a specific date for when each Consular post will return to processing at pre-Covid workload levels. Applicants are advised to monitor each individual U.S. Embassy or Consulate’s website for information regarding operating status, and updates on which services they are currently offering.

As always, U.S. Embassies and Consulates will continue to provide emergency and critical visa services.

The DOS has also stated that MRV fees are valid and may be used to schedule a visa appointment in the country where it was purchased within one year of the date of payment.

  • For more information about this announcement and FAQs please click here.
  • For a list of Embassies and Consular webpages click here.

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UPDATE: Today, Monday June 22, 2020, President Trump signed a new executive order entitled, “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak,” extending the April 22nd Presidential Proclamation and adding new restrictions for nonimmigrant workers who “pose a risk of displacing and disadvantaging United States workers during the coronavirus recovery,” including H-1B, H-2B, J, and L nonimmigrant workers.

According to the executive order, the entry of these nonimmigrants “presents a significant threat to employment opportunities for Americans affected by the extraordinary economic disruptions caused by the COVID-19 outbreak.”

When does the order apply?

The order is effective at 12:01 am eastern daylight time on June 24, 2020 and will last through December 31, 2020, suspending the entry of certain immigrant and nonimmigrant aliens as outlined here. Within 30 days of June 24, 2020 (on July 24th), and every 60 days thereafter while the proclamation is in effect, the Secretary of Homeland Security will, in consultation with the Secretary of State and the Secretary of Labor, recommend any modifications to the order.

When does the order terminate?

The proclamation terminates on December 31, 2020 and can be continued by the government as necessary.

Will the April 22nd Proclamation Be Extended?

Yes, the second paragraph of the new executive order states, “In Proclamation 10014 of April 22, 2020, …I determined that …the United States faces a potentially protracted economic recovery with persistently high unemployment if labor supply outpaces labor demand.  Consequently, I suspended, for a period of 60 days, the entry of aliens as immigrants, subject to certain exceptions… Given that 60 days is an insufficient time period for the United States labor market …to rebalance… considerations present in Proclamation 10014 remain.” This means the April 22nd proclamation will continue until at least December 31st and all conditions subject to that proclamation will continue to remain in place.

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UPDATE: Please see our blog post here for the complete details of the newly released order. 

Today, Monday June 22, 2020, President Trump is expected to sign a new executive order that will extend his previous April 22nd order set to expire today, and will extend restrictions to apply to H-1B, H-2B, L-1, and J foreign workers to protect American jobs as the economy recovers from the COVID-19 lockdowns nationwide. The new executive order is expected to pause new H-1B visa petitions for foreign workers, H-2B visas for nonagricultural seasonal workers, certain J work and education exchange visitor visas, and L executive transfer visas for managers of multinational corporations. The President confirmed issuance of the order in a recent interview with Fox News.

The executive order is expected to be in effect until at least the end of the year and will not impact those who have already been issued or approved an H, L, or J visa.

Although the executive order has not yet been released to the public, a senior official from the Trump administration has spoken to the media on condition of anonymity confirming the issuance of the order. The official stated that the administration has justified issuance of the new order as a way to eliminate competition with foreign workers and make jobs available to American workers during this pandemic.

To read the April 22nd proclamation click here.

Are there any exemptions?

Yes. The order will include a number of exemptions for food processing workers seeking H-2B visas, H-2A agricultural workers, health care professionals working to mitigate the effects of COVID-19, J-1 medical physicians, cases that are deemed in the national interest, as well as all other exemptions originally included in the April 22nd Presidential proclamation which are as follows:

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The Trump administration is setting their sights on a new enemy: students and researchers of the People’s Republic of China. A new presidential proclamation, “Proclamation on the Suspension of Entry as Nonimmigrants of Certain Students and Researchers from the People’s Republic of China,” issued on May 29, 2020, will temporarily suspend the entry into the United States of Chinese nationals seeking to enter the United States on an F or J visa to study or conduct research in the United States, except for student seeking to pursue an undergraduate course of study. The proclamation goes into effect at 12:00 pm (ET) today June 1, 2020 and will remain in effect until terminated by the President.  

Specifically, the proclamation limits the People’s Liberation Army’s (PLA) ability to misuse nonimmigrant F student and J researcher visa programs.

Who will be suspended?

F or J Chinese nationals entering to study or conduct research in the United States and who either

  • Currently “receive funding from or who currently is employed by, studies at, or conducts research at or on behalf of… an entity in the PRC that implements or supports the PRC’s ‘military-civil fusion strategy’,” or
  • In the past “has been employed by, studied at, or conducted research at or on behalf of… an entity in the PRC that implements or supports the PRC’s ‘military-civil fusion strategy'”

The proclamation defines “military-civil fusion strategy” as “actions by or at the behest of the PRC to acquire and divert foreign technologies, specifically critical and emerging technologies, to incorporate into and advance the PRC’s military capabilities.”

Section 1 exempts F and J undergraduate students from the proclamation. In addition, graduate students and researchers are also exempt from the proclamation if they do not have any of the specific current or past funding, employment, study, or research nexuses with “an entity in the PRC that implements or supports the PRC’s ‘military-civil fusion strategy’.”

Why the Proclamation?

The proclamation was issued to protect the country’s national and economic security from attempts by the People’s Republic of China “to illicitly acquire American technology and intellectual property from our academic institution and research facilities for Chinese military ends.”

According to the Department of State, “[the country’s] concern is with the malign actions of the Chinese Communist Party and specific individuals, not with the Chinese people.” These actions were made as “a direct consequence of PRC government strategies and policies that exploit the access of some of China’s brightest graduate students and researchers, in targeted fields, to divert and steal sensitive technologies and intellectual property from U.S. institutions, taking undue advantage of our [country’s] open and collaborative academic and research environment.”

The U.S. government is particularly concerned that U.S. graduate students and researches will be targeted, co-opted, and exploited by the government of the People’s Republic of China for military gain.

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In this post we bring you the latest immigration related COVID-19 updates. During this difficult time, we would like to extend our heartfelt regards to you and your families. We hope you are staying safe and taking the necessary precautions to prevent the spread of COVID-19. The sooner we abide by government measures, the sooner we can overcome this pandemic as a Nation. Additionally, please remember that although our office is closed to the public, we continue to function behind the scenes to file your petitions on a timely basis. If you have any questions regarding your immigration options, or your currently pending case, we would be glad to assist you by telephone, Zoom, or Skype.

President Extends Federal Social Distancing Guidelines to April 30

This past Sunday, March 29, 2020, the President of the United States extended the Nation’s social distancing guidelines for another 30 days, following warnings from health advisers of the serious consequences that could result if Americans were allowed to return to normal life. Pursuant to this order, social time will continue to be limited only to necessary outings such as grocery shopping, medical appointments, etc. until April 30.

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