On April 1, 2021, the U.S. Department of State (DOS) announced that Presidential Proclamation 10052 expired on March 31, 2021. While it was widely expected that the Biden administration would opt against further extensions of the proclamation, the DOS announcement confirms the expiration of the restrictions, allowing U.S. employers to resume their use of some of the most common nonimmigrant categories. 

By way of background, on June 22, 2020, former President Trump issued Presidential Proclamation 10052, which included a suspension on entry of nonimmigrants in the H-1B, H-2B, L, and J nonimmigrant status who were outside the United States and did not have a valid visa or other travel documents as of June 24, 2020. This proclamation effectively halted the issuance of any new visas in these categories. On December 31, 2020, the former president extended Presidential Proclamation 10052 until March 31, 2021. 

With the expiration of the proclamation, affected visa applicants with pending applications will be processed according to the DOS’s phased resumption of visa services. Those whose visa applications were denied as a result of Presidential Proclamation 10052 are permitted to reapply. Despite the expiration of Presidential Proclamation 10052, visa appointment availability continues to be impacted at U.S. embassies and consular posts around the world due to the pandemic; therefore, while the significant impediment the proclamation imposed no longer exists, the logistics of applying for nonimmigrant visas still present a challenge. In certain circumstances, Foster has been successful in obtaining expedited visa application processing, so please contact your Foster attorney to inquire about the possibility of an expedited process. 

The expiration of Presidential Proclamation 10052 also means that National Interest Exceptions (NIEs) are no longer required to avoid the proclamation’s restrictions; however, NIEs may still be required for individuals traveling from certain restricted regions pursuant to Presidential Proclamation 10143, as explained in a prior Foster Immigration Update. Please check with your Foster attorney before making any international travel plans.

Foster will continue to track changes in immigration law and procedure, as well as the ongoing impacts of the president’s proclamations, and we will make additional updates available via our firm’s website at www.fosterglobal.com.