Presidential Proclamation 10052 Expires | Morgan lewis


The Biden-Harris administration allowed Presidential Proclamation 10052 (PP 10052) to expire on March 31. PP 10052, implemented by the previous administration in June 2020, had suspended the issuance of certain non-immigrant or temporary visas in several categories.

Categories include:

  • H-1B specialty visas and H-4 dependent family members;
  • H-2B Temporary Worker Visas and Dependent Family Members;
  • J-1 visas, if you are looking to be admitted to an intern, intern, teacher, camp counselor, au pair or summer work travel program, and family members D-2 dependent; and
  • L-1A and L-1B intra-company transfer visas and L-2 dependent family members.

This proclamation essentially had the effect of blocking the issuance of new visas in these categories to applicants abroad. Initially valid until the end of 2020, PP 10052 had been extended by former President Donald Trump until March 31, 2021.

The expiration of PP 10052 means that people who were previously subject to proclamation will no longer be prohibited from applying for a visa in these categories, and those applicants will no longer be required to apply for National Interest Exceptions (NIEs) to the proclamation. . This will be very beneficial for companies and employees who wish to resume global mobility.

Yesterday, the US State Department announced that visa applicants who have not yet been interviewed or scheduled for an interview will have their applications prioritized and processed in accordance with existing guidelines for the gradual resumption of visa services. Visa applicants who have previously been denied a visa due to the restrictions in Presidential Proclamation 10052 may reapply by submitting a new application, including new fees. The State Department also confirmed that consulates are resuming routine post-by-post visa services, in accordance with official guidelines for the safe return of personnel to State Department facilities.

Despite the State Department’s announcement, the limited availability of visa appointments at U.S. consular posts around the world will continue to be a problem. U.S. Embassies and Consulates continue to operate at limited capacity due to COVID-19, logistical challenges, and country-specific blockages, and most consular posts offer appointment dates for visa issuance until summer and fall 2021, and even winter 2022 at certain Locations. Additionally, with the recent lifting of Proclamation 10014, the Trump administration’s ban on processing certain immigrant visas (green cards) abroad, many consulates are now prioritizing the processing of immigrant visas. compared to nonimmigrant or temporary visas. There is currently a backlog of nearly half a million immigrant visa cases awaiting consular interviews.

So, although PP 10052 is no longer in effect, it will likely remain difficult for applicants to secure a routine visa appointment, and many may have to rely on emergency appointment requests for obtain visas in the immediate future. In addition, despite the expiration of PP 10052, the country-specific entry bans remain in effect. These COVID-19 specific travel bans restrict the admission of people who have been present in any of the following countries in the 14 days prior to their proposed entry into the United States: Brazil, China, Iran, Ireland, South Africa South, United Kingdom (including England, Scotland, Wales, Northern Ireland and the Republic of Ireland) and the Schengen area (which includes Austria, Belgium, Czech Republic , Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland , Portugal, Slovakia, Slovenia, Spain, Sweden and Switzerland).

While these prohibitions remain in effect, persons in any of these countries will not be able to obtain a visa in any category unless they are pre-approved for entry into the United States through the approval of an NIE to travel bans linked to COVID-19. . Applicants in other countries not affected by a COVID-19 travel ban may have an easier time securing an appointment for the issuance of a nonimmigrant visa.

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