Presidential Proclamation

Effective November 8, 2021, the Biden Administration will rescind the COVID-19 travel restrictions banning most travel from Europe, Brazil, India, China, Iran, and South Africa.  In its place, the Administration will impose new COVID-19 prevention protocols on all international air travelers, including those coming from countries not previously impacted by the COVID-19 travel bans.  On October 25, 2021, the White House provided specific operational details describing how the program will be implemented and who will — and will not — be impacted by the new rules. 
Continue Reading U.S. Announces Operational Details for Replacement of Travel Bans with Vaccine Mandate on November 8

On May 27, 2021, the Secretary of State broadened the eligibility criteria regarding categories of business travelers eligible for National Interest Exceptions under Presidential Proclamations 9984, 9992, 10143, 10199, and similar subsequent proclamations related to the spread of COVID-19.  As a result of this determination, together with national interest determinations already in place, travelers subject to these proclamations due to their presence in China, Iran, India, Brazil, South Africa, the Schengen area, the United Kingdom, and Ireland, who are seeking to provide vital support or executive direction for critical infrastructure, and those traveling to provide vital support or executive direction for significant economic activity in the United States, may now qualify for National Interest Exceptions.
Continue Reading State Department Broadens National Interest Exception Criteria for Business Travel

March 31, 2021 marked the sunset on a presidential proclamation that suspended four visa categories of substantial importance to US employers: H-1B, L-1, H-2B, and certain J-1 visas.  In effect since June 24, 2020 and initially scheduled to expire on December 31, 2020, Presidential Proclamation 10052 was extended by former president Trump through March 31, 2021 and left to expire by President Biden.  President Biden’s approach to let the nonimmigrant visa ban run its course is different than his action to rescind Presidential Proclamation 10014, which suspended the issuance of new immigrant visas to applicants outside the United States.
Continue Reading H-1B and L-1 Visas, Among Others, Now Available With the Expiration of Presidential Proclamation 10052

In a proclamation issued Monday, President Biden banned travelers from entering the United States if they recently spent time in the United Kingdom, Ireland, Brazil, the Schengen Area, or South Africa. Citing its goal of curbing the spread and health impact of COVID-19, particularly novel strains of the virus arising in Brazil, South Africa, and the UK, the new administration is requiring travelers to spend 14 days in a third country before transiting to the United States.  The travel restrictions take effect today, January 26, 2021.
Continue Reading Continuing Restrictions Placed on the UK, Ireland, Europe, and Brazil, Biden Administration Adds Ban on Travel from South Africa

On August 3, 2020, President Trump issued an Executive Order (“EO” or the “Order”) directing the heads of all agencies that enter into contracts to review the impact of contractors and their subcontractors employing H-1B visa holders on the wages and employment opportunities of US workers. Specifically, the EO directs all federal agencies to review

President Trump signed an executive order, “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak,” to pause for 60 days the issuance of new immigrant visas to applicants who are outside the United States.  The order, which takes effect at 11:59 pm Eastern

President Donald Trump’s tweet late Monday night, April 20, 2020, that he would suspend immigration temporarily “[i]n light of the attack from the Invisible Enemy, as well as the need to protect the jobs of our GREAT American Citizens,” led to widespread speculation across the business community that the president was instituting a blanket ban

In a tweet late Monday, April 20, 2020, President Trump said he will issue an executive order temporarily suspending immigration  “in light of the attack from the Invisible Enemy” and the “need to protect the jobs of our GREAT American Citizens.”  The White House did not provide any immediate clarification, including when an executive order