Client Payment Portal

President Biden Revokes Trump-Era Ban on Entry of Many Immigrants; State Dept. Instructs Exceptions to Nonimmigrant Ban

Mar 2, 2021 | Consular Services & Travel, Immigration Updates

On February 24, 2021, President Biden revoked former President Trump’s proclamation issued in April 2020 that banned many immigrants from entering the United States.

Biden Proclamation Revoking Immigrant Ban

President Biden’s proclamation states that the Trump-era ban, whose stated purpose was to prevent entry by those who presented a risk to the U.S. labor market during the coronavirus outbreak, does not advance the interests of the United States. “To the contrary, it harms the United States” and “harms industries in the United States that utilize talent from around the world,” the new proclamation states. It also “harms individuals who were selected to receive the opportunity to apply for, and those who have likewise received” fiscal year 2020 diversity visas.

The Biden proclamation orders the Departments of State, Labor, and Homeland Security to review any related regulations, orders, guidance, policies, or other agency actions and, as appropriate, issue revised guidance consistent with the new proclamation.

DOS Instructions on Exceptions to Nonimmigrant Ban

The new Biden proclamation did not lift a Trump-era ban on certain H-1B, H-2B, L-1, and J-1 temporary work visas, set to expire on March 31, 2021. It is unclear whether the Biden administration plans to revoke that ban before it expires. In the meantime, the Department of State announced on February 24, 2021, that those who believe they may qualify for a national interest or other exception should “follow the instructions on the nearest U.S. Embassy or Consulate’s website regarding procedures necessary to request an emergency appointment and should provide specific details as to why they believe they may qualify for an exception.”

Sources:

Related Posts:

2024 Reflections & 2025 Predictions with Audrey Lustgarten

The transcript version of our weekly podcast By Laura Bloniarz In this week’s episode of my podcast, I had the pleasure of wrapping up the year with Audrey Lustgarten, Managing Partner for WR Global. Audrey joined me on The Business Immigration Benchmark to discuss key themes that emerged from our 2024 surveys and shared insights on what lies ahead for global mobility professionals in 2025. We covered some of the most pressing priorities and challenges in the field, from compliance and cost management to enhancing efficiency. If you’re navigating the complexities of immigration and mobility, this episode is packed with strategies to help you stay ahead in an evolving landscape. Watch or listen on Spotify or YouTube, or check out this quick 5-minute read where I recap the key takeaways from our conversation! 🔑 Key Takeaways: 1. Compliance Challenges in 2024: Short-Term Assignments: Audrey highlighted the ongoing struggles companies face in managing short-term assignments, particularly ensuring proper visas and having robust systems to track employees’ movements. She noted the importance of avoiding manual tracking to mitigate the risk of noncompliance. Long-Term Assignments: For long-term assignments, proper record-keeping remains critical, especially with the uptick in government audits. Companies must ensure they […]

Read More

Breaking Immigration News for Employers

Annual Limit Reached in the EB-3 and EW Categories All legally available visas in the EB-3 (3rd preference) and EW (Other Workers) categories for FY 2024 have been issued.  Embassies and consulates should have been allocated enough numbers for all applicants which were scheduled by NVC for their initial interview during the month of August or September.  The fact that the annual limit has been reached means that those posts cannot request additional numbers which may have been required to process “comeback” cases from previous months. The Department of State characterizes this milestone as having facilitated travel including for healthcare workers, for example Schedule A Nurses.  Practically speaking, Schedule A Nurses likely contributed in large part to the demand for EB-3 Immigrant Visas causing the limit to be reached already.  Annual limits will reset on October 1, 2024 (start of FY 2025), at which time embassies and consulates, and USCIS may resume issuing EB-3 and EW visas to qualified applicants under the FY 2025 annual limits. Charlie Oppenheim, Director of Visa Consulting at WR and retired Visa Chief of the Department of State, clarifies that the FY 2024 visa limit being reached won’t affect applicants who were scheduled for their initial August or September […]

Read More