PP 10052 Suspending Entry of H-1B/L-1 Visa Holders Extended Through March 31, 2021
You may recall that on June 22, 2020, the President issued Presidential Proclamation 10052 which suspended the issuance of certain nonimmigrant visas. At that time, the Proclamation was scheduled to expire on December 31, 2020. However, on the day of expiration the President signed a Presidential Proclamation extending the suspension until March 31, 2021.
1. Were outside the U.S. on the effective date of the Proclamation (June 24, 2020);
2. Did not have a nonimmigrant visa in one of the categories now suspended that is valid on the effective date of the Proclamation; AND
3. Did not have an official travel document other than a visa (such as a transportation letter, boarding foil, or advance parole document) valid on the effective date of the Proclamation.
The Proclamation does not apply to the following:
· Spouse of child of a U.S. citizen
· Any individual seeking entry to provide temporary labor essential to the U.S. food supply chain
· Any individual whose entry would be in the national interest as determined by the Secretary of State, Secretary of Homeland Security, or their respective designees.
One of the exceptions to the proclamation includes those individuals whose entry would be in the “national interest” as determined by the Secretary of State, Secretary of Homeland Security, or their respective designees. To view the national interest exceptions in full, please click here.
By: Kristina M. Hernandez
Kristina is the NIV Practice Manager and an associate attorney at Reddy & Neumann, P.C. She was admitted to the State Bar of Texas in 2011. Her practice includes representing companies and individuals with employment-based visa petitions and applications and advising clients regarding litigation options in federal court pursuant to the Administrative Procedures Act (APA). Kristina also guides employers to ensure compliance with all Form I-9 requirements by conducting internal audits of clients’ records, processes, and procedures.