Effective June 24, 2020 through December 31, 2020, subject to modification, the President of the United States, through Proclamations 10014 and Proclamation 10052, suspended many types of employment-based visas for nonimmigrants and immigrants in order to help provide economic recovery for Americans experiencing job losses due to COVID-19. Click here to read the Proclamations.
Moreover, Proclamations 9993 and 9996 suspended immigrants or nonimmigrants from entry from the Schengen Area, the United Kingdom (excluding overseas territories outside of Europe), and the Republic of Ireland during the 14-day period preceding attempted entry into the United States.
On December 31, 2020, the President signed a Presidential Proclamation on Suspension of Entry of Immigrants and Nonimmigrants Who Continue to Present a Risk to the United States Labor Market. This proclamation extends Presidential Proclamations (P.P.) 10014 and 10052 through March 31, 2021.
KLF continues to gather support for, prepare, and file visa applications for when processing resumes. KLF fully believes in the merit and benefit of foreign workers to our nation's long-term economic recovery, growth, and competitiveness. The underlying skillsets are net job creators. This decision unfortunately is a disservice and stifles America's ability to attract top global innovative talent.
KLF hopes that this suspension is quickly lifted as it holds back our nation's prosperity. We have always found strength in our diversity and hope in the enduring promise of America. There is no new prosperity without both.
There are differences among consulates in how travel bans are being applied. Some are able to file a travel ban waiver. KLF can help identify the best time to file and help provide success with supporting documentation and interview preparation.
The Proclamation directs the Secretaries of State, Labor, and Homeland Security to determine standards for those to whom such an exemption would be available, including any individuals who:
E visas promote trade and investment between countries. The E1 visa is reserved for treaty traders and E2 visas are for treaty investors. To qualify for either E1 or E2, the applicant must be from a U.S. Department of State treaty country.
The B1 grants entry usually for multiple entries for up to a year for a short term work need in the US. Under the B-1 visa category, usually, the work is done based on a contract between the US company and the overseas business.
The consular officer has discretion to determine if an individual is within one of the exempted categories outlined above.
Asylum seekers are not included in the ban. The Proclamation states that it does not limit the ability of individuals to apply for asylum, refugee status, withholding of removal or protection under the Convention Against Torture.
If you are a Canadian, don’t worry, you are not affected! You will still be able to enter the US and change your status. You will want to be represented by a US professional so book a consultation today to learn how to go about this process of working in the US from Canada.
Revocation of Proclamation 10014: On February 24, 2021, President Biden revoked section 1 of Proclamation 10014 in belief that its continuance was detrimental to the interests of the United States.
Expiration of Proclamation 10052: Presidential Proclamation 10052, which temporarily suspended the entry of certain H-1B, H-2B, J (for certain categories within the Exchange Visitor Program), and L nonimmigrants, expired on March 31, 2021.
Before being later amended on June 29, the plain language of Proclamation 10052 implied that foreign nationals with any type of valid nonimmigrant visa on June 24 would be exempt and that foreign nationals could apply to renew their visas when they expired after June 24.
[* =Italics reflect the June 29 amendment]