Welcome again to Visalawyerblog! Happy New Year to all of our readers. We hope that you simply had a calming vacation along with your family members. We stay up for offering you with the most recent updates on immigration as we quickly enter the Biden administration on January 20th.
Although Biden’s inauguration looms on the horizon, the Trump administration continues to make final minute efforts to derail the issuance of visa functions for 1000’s of inexperienced card candidates residing overseas.
On New Year’s Eve, President Trump signed a new proclamation extending the enforcement of his beforehand issued April 22nd Proclamation 10014 entitled, “Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak,” as well as Proclamation 10052 issued on June 22, 2020.
The new proclamation extends the enforcement of those beforehand issued Proclamations till March 31, 2021.
P.P. 10014 Overview
As it’s possible you’ll recall the April 22nd Proclamation (10014) imposed a 60-day ban on the issuance of visas at U.S. Consulates and Embassies overseas and restricted the entry of sure lessons of aliens starting April 23, 2020 and terminating on June 22, 2020.
Pursuant to P.P. 10014, the entry of the next aliens was suspended and restricted till June 22, 2020:
- Aliens outdoors of the United States on the efficient date of the Proclamation (April 23)
- Aliens with out an immigrant visa that was legitimate on the efficient date of the Proclamation (April 23rd) and
- Aliens who didn’t have an official journey doc apart from a visa on the efficient date of the proclamation (April 23rd) or issued on any date thereafter that permitted her or him to journey to the United States and search entry or admission
The order didn’t apply to the next lessons of aliens:
- Lawful Permanent Residents of the U.S.
- Aliens who’re the spouses of U.S. Citizens
- Members of the U.S. Armed Forces and any partner and little one of a member of the U.S. Armed Forces
- Aliens under 21 years of age who’re kids of United States Citizens and potential adoptees
- Aliens searching for to enter the U.S. on an immigrant visa as a doctor, nurse, or different healthcare skilled
- Aliens searching for to enter the U.S. to carry out medical analysis or different analysis meant to fight the unfold of COVID-19
- Any partner any single little one under 21 years of age of any such alien who’s accompanying or following to affix the alien
- Any alien applying for a visa pursuant to the EB-5 Immigrant Investor Program
- Aliens whose entry furthers essential United States legislation enforcement aims
- Any alien searching for entry pursuant to a Special Immigrant Visa within the SI or SQ classification, and any partner and little one of any such particular person
- SI: Certain aliens employed by the U.S. Government in Iraq or Afghanistan as translators or interpreters
- SQ: Certain Iraqis or Afghans employed by or on behalf of the U.S. Government
- Any alien whose entry could be within the nationwide interest of the United States (nationwide interest waivers)
- Aliens searching for entry for asylum, refugee standing, withholding of removing, or safety under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
Read extra about P.P. 10014 here.
P.P. 10052 Overview
When P.P. 10014 expired on June 22, 2020, President Trump signed P.P. 10052 into legislation. This new proclamation (1) prolonged P.P. 10014 till December 31, 2020 and (2) added new limits on visa issuance and entry for H-1B, H-2B, J, and L nonimmigrants staff resulting from their “risk of displacing and disadvantaging U.S. workers during the Coronavirus pandemic.”
P.P. 10052 grew to become efficient on June 24, 2020 and terminated on December 31, 2020.
Pursuant to this order, the entry of the next aliens was quickly suspended:
Aliens searching for to enter the United States (from overseas) on:
- an H-1B or H-2B visa, and any alien accompanying or following to affix such alien;
- a J visa, to the extent the alien is collaborating in an intern, trainee, instructor, camp counselor, au pair, or summer season work journey program, and any alien accompanying or following to affix such alien; and
- an L visa, and any alien accompanying or following to affix such alien.
AND WHO WERE
- outdoors the United States on the efficient date of this proclamation (June 24); and
- didn’t have a nonimmigrant visa that’s legitimate on the efficient date of this proclamation; and
- didn’t have an official journey doc apart from a visa (resembling a transportation letter, an acceptable boarding foil, or an advance parole doc) legitimate on the efficient date of the proclamation or issued on any date thereafter.
In addition to the exceptions offered for in P.P. 10014, the order was not utilized to:
- lawful everlasting residents of the United States;
- Any alien who was the partner or little one, as outlined in part 101(b)(1) of the INA (eight U.S.C. 1101(b)(1)), of a United States citizen;
- Any alien searching for to enter the United States to supply short-term labor or companies important to the United States things to eat provide chain; and
- Any alien whose entry could be within the nationwide interest as decided by the Secretary of State, the Secretary of Homeland Security, or their respective designees.
Read extra about P.P. 10052 here.
Extension of P.P. 10014 and P.P. 10052
On December 31, 2020 President Trump signed one more order extending enforcement of P.P. 10014 and P.P. 10052 till March 31, 2021 and continued as crucial.
That implies that the federal government will deal with P.P. 10014 and P.P. 10052 as being legitimate till March 31, 2021 a minimum of in the meanwhile.
As a outcome, the entry and issuance of visas will proceed to be restricted for these impacted and U.S. Consulates worldwide will proceed to implement these proclamations a minimum of till they’re invalidated.
Read extra concerning the new Proclamation here.
Effect of Biden’s Inauguration
It is just not but clear what would be the impact of the incoming President’s inauguration on these proclamations. It is anticipated that the President elect will invalidate these provisions and start his work dismantling insurance policies carried out by the Trump administration.
As at all times we’ll present all new developments proper right here on our weblog.
Questions? If you wish to schedule a session, please textual content 619-569-1768 or call 619-819-9204.
JOIN OUR NEW FACEBOOK GROUP
Need extra immigration updates? We have created a brand new facebook group to deal with the affect of the brand new government order and different altering developments associated with COVID-19. Follow us there.
For different COVID 19 related immigration updates please go to our Immigration and COVID-19 Resource Center here.