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COVID-19: POTUS issues proclamation freezing certain nonimmigrant visas through the end of 2020

  1. Date Announced

    June 22, 2020

    COVID-19: President issues proclamation suspending and limiting the entry of certain nonimmigrants with H-1B, H-2B, J, and L visas, and their follow-to-join relatives, through December 31, 2020.

    [ID #986]

    See Biden administration action below.

    View Policy Document
  2. Effective Date of Change

    June 22, 2020
  3. Subsequent Action

    June 29, 2020

    On June 29, 2020, the President issued an amendment to the June 22 travel ban, amending its general provisions and adding some specificity regarding applicable nonimmigrant visas.

    Proclamation on Amendment to Proclamation 10052
  4. Subsequent Action

    September 30, 2020

    On September 30, 2020, the District Court for the District of Columbia issued a memorandum opinion and amended its September 4 order requiring the government to process Diversity Visa selectees. The amended order requires the State Department to reserve "9,095 diversity visas that the [Department] reasonably and realistically could have issued after March 20, 2020, through the end of the fiscal year," in order to avoid their expiration at the end of the fiscal year. The case is Gomez v. Trump (D.D.C. 1:20-cv-01419).

    Gomez v. Trump (D.D.C. 1:20-cv-01419)
  5. Subsequent Action

    October 1, 2020

    On October 1, 2020, the District Court for the Northern District of California issued a limited preliminary injunction blocking DOS and DHS from enforcing the Trump administration’s June 22 proclamation. The injunction is not nationwide in scope and benefits only the plaintiffs and organizations that are members of the plaintiff trade groups. The case is National Association of Manufacturers et al. v. Department of Homeland Security.

    Order Granting Preliminary Injunction - National Association of Manufacturers v. DHS
  6. Subsequent Action

    November 18, 2020

    The District Court for the Northern District of California issues an order in National Association of Manufacturers clarifying the Department of State's obligations with respect to identifying who is encompassed as a class member under the court's October 1 order in the case.

    **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

    November 2020 Compliance Order in NAM v. DHS
  7. Subsequent Action

    December 31, 2020

    President Trump extends the expiration date of Proclamation 10052 to March 31, 2021.

    Proclamation on Suspension of Entry of Immigrants and Nonimmigrants who Continue to Present a Risk to the United States Labor Market
  8. Biden Administration Action

    February 24, 2021

    This Biden administration policy revokes in part the Trump-era policy identified in this entry.

    On Feb. 24, 2021, President Biden rescinded Presidential Proclamation 10014, and extended Presidential Proclamation 10052. Both had been extended by President Trump on Dec. 31, 2020.

    Extension of Presidential Proclamation 10052
  9. Biden Administration Action

    February 24, 2021

    Although he extended P.P. 10052, President Biden authorized national interest exceptions for certain H-1B, H-2B, J-1, L-1A, L-1B, and other travelers.

    National Interest Exceptions to Presidential Proclamation 10052
  10. Biden Administration Action

    April 1, 2021

    This Biden administration policy revokes in its entirety the Trump-era policy identified in this entry.

    On April 1, 2021, DOS announced that the Trump-era policy had expired and that individuals whose visas had been denied under Proclamation 10052 could now reapply.

    2021.04.01 Update on Presidential Proclamation 10052

Commentary

AILA/AIC - Summary of Presidential Proclamation 10052 Suspending Entry of Certain Nonimmigrants

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