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:
- 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
Read more about P.P. 10014 here.
P.P. 10052 Overview
When P.P. 10014 expired on June 22, 2020, President Trump signed P.P. 10052 into law. This new proclamation (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 became effective on June 24, 2020 and terminated on December 31, 2020.
Pursuant to this order, the entry of the following aliens was temporarily suspended:
Aliens seeking to enter the United States (from abroad) on:
- an H-1B or H-2B visa, and any alien accompanying or following to join such alien;
- a J visa, to the extent the alien is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any alien accompanying or following to join such alien; and
- an L visa, and any alien accompanying or following to join such alien.
AND WHO WERE
- outside the United States on the effective date of this proclamation (June 24); and
- did not have a nonimmigrant visa that is valid on the effective date of this proclamation; and
- did not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) valid on the effective date of the proclamation or issued on any date thereafter.
In addition to the exceptions provided for in P.P. 10014, the order was not applied to:
- lawful permanent residents of the United States;
- Any alien who was the spouse or child, as defined in section 101(b)(1) of the INA (8 U.S.C. 1101(b)(1)), of a United States citizen;
- Any alien seeking to enter the United States to provide temporary labor or services essential to the United States food supply chain; and
- Any alien whose entry would be in the national interest as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.
Read more about P.P. 10052 here.
Extension of P.P. 10014 and P.P. 10052
On December 31, 2020 President Trump signed yet another order extending enforcement of P.P. 10014 and P.P. 10052 until March 31, 2021 and continued as necessary.
That means that the government will treat P.P. 10014 and P.P. 10052 as being valid until March 31, 2021 at least for the time being.
As a result, the entry and issuance of visas will continue to be limited for those impacted and U.S. Consulates worldwide will continue to enforce these proclamations at least until they are invalidated.
Read more about the new Proclamation here.
Effect of Biden’s Inauguration
It is not yet clear what will be the effect of the incoming President’s inauguration on these proclamations. It is expected that the President elect will invalidate these provisions and begin his work dismantling policies implemented by the Trump administration.
As always we will provide all new developments right here on our blog.
Questions? If you would like to schedule a consultation, please text 619-569-1768 or call 619-819-9204.
- NEW Proclamation Extending P.P. 10014 and P.P. 10052
- COVID 19 Proclamations
- Blog Post on Proclamation 10014
- Blog Post on Proclamation 10052
- List of Embassies and Consulates
- Youtube channel
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