Updates on NIV Entry Ban

by Lisa York

Updates on NIV Entry Ban

by Lisa York

by Lisa York

On October 9, 2020, the U.S. Department of State provided further guidance on the federal district court injunction, stating that any J-1, H-1B, H-2B, or L-1 applicant who is either sponsored (J-1 visa holders) by, petitioned by, or whose petitioner is a member of, one of the plaintiffs in the case is no longer subject to Presidential Proclamation 10052. The plaintiffs in the case are the National Association of Manufacturers, the U.S. Chamber of Commerce, the National Retail Federation, TechNet, and Intrax, Inc.

On October 5, 2020, the U.S. Department of State (USDOS) announced that it would no longer enforce Presidential Proclamation 10052 which bars certain non-immigrant visa (NIV) holders (certain H, L, J visa holders) from entering the U.S. until the beginning of next year when scheduling emergency appointments. The USDOS stated that emergency/expedited appointments at the U.S. Consular Offices can proceed without a National Interest Exemption (NIE) for foreign nationals subject to this entry ban. Please note that foreign nationals may still be subject to other entry bans that will still require an NIE approval prior to entering the United States. Stay tuned for further updates on this important federal court decision.

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