On December 31, 2020, the Trump Administration issued Presidential Proclamation on Suspension of Entry of Immigrants and Nonimmigrants Who Continue to Present a Risk to the United States Labor Market, continuing restrictions on certain work visa and green card issuance through the end of March 2021.  Citing improved but still persistent unemployment figures caused by COVID-19, the new Proclamation extended two prior executive actions that have limited employers’ ability to sponsor foreign workers for residency and work in the United States:

  • Presidential Proclamation 10014, which suspended the issuance of new immigrant visas to applicants who were outside the United States as of April 24, 2020, and
  • Presidential Proclamation 10052, which, as reported here, suspended new H-1B, L-1, H-2B, and certain J-1 visa issuance for individuals who were outside the United States as of June 23, 2020; were not in possession of a nonimmigrant visa on that date; and have no other authorization to travel to the United States, such as a transportation letter, an appropriate boarding foil, or an advance parole authorization. The Department of State (DOS) has confirmed that the ban does not prohibit visa applications and travel into the United States by H-1B and L-1 nonimmigrants who are resuming “ongoing employment in the United States in the same position with the same employer and visa classification.”


Continue Reading Trump Administration Extends Bans on Issuing Certain Work Visas and Green Cards Until March 31, 2021

Mayer Brown’s DC-based litigation team secured a victory when The Middle District of North Carolina issued a nationwide injunction barring the government from applying a 2018 policy memorandum released by the US Citizenship and Immigration Services, which purported to fundamentally alter how “unlawful presence” is calculated for the more than a million people present in