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Suspension on Entry of Individuals on Employment-Based Immigrant and Non-Immigrant Visas Continued to March 31, 2021

by | Jan 4, 2021 | Employment & Labor Law, Immigration Law

Update to Blog Posted on June 26, 2020: Latest Presidential Proclamation Frustrates Employment-Based Non-Immigrant Visas

On December 31, 2020, President Trump extended the restrictions on entry of individuals in certain employment-based immigrant and non-immigrant visa classifications through March 31, 2021.  The initial proclamation, Proclamation 10014 on April 22, 2020, effectively suspended the process for employers seeking employment-based immigrant visas for individuals outside the United States, with limited exceptions.  A second proclamation, Proclamation 10052 on June 22, 2020, extended the suspension to the H-1B, H-2B, J, and L non-immigrant classifications.  Regardless, routine visa services at many U.S. embassies and consulates remain largely suspended due to COVID-related restrictions.

This suspension does not affect individuals within the United States seeking to change or adjust status.  However, overseas travel should be carefully considered, particularly if the employee has changed status within the United States and will need a new visa foil.

It is unclear what action – if any – the Biden administration will take with respect to these Proclamations following the inauguration later this month.  Continuing service restrictions at the embassies and consulates worldwide, however, will continue to frustrate companies trying to bring foreign workers to the United States.

Kristin A. Zech is an employment lawyer with Berenzweig Leonard, and heads the firm’s Immigration Practice.  She can be reached at 703-940-3788 or [email protected]