Temporary work visa ban expires, other restrictions remain in effect

The temporary work visa ban the Trump administration implemented early last summer expired Wednesday.

The ban, Proclamation 10052, blocked foreign nationals in certain temporary work visa categories, including H-1B, L-1 and J-1, from entering the U.S. On Dec. 31, 2020, the Trump administration extended the ban to March 31, 2021. The Biden administration declined to renew it.

Key Points:

• The temporary work visa ban, Proclamation 10052, is no longer in effect and will no longer restrict entry of foreign nationals based on their visa classification.
• Foreign nationals who were subject to the ban may still encounter difficulty traveling to the U.S. because of other COVID-19 measures, including regional travel bans and reduced consular services.
• Regional travel bans remain in place barring most foreign nationals from entering the U.S. if they have been physically present in Brazil, China, Iran, Ireland, South Africa, the United Kingdom or the Schengen Area in the 14 days before attempting to enter the U.S. These bans do not have a set expiration date.
• Consulates are still in a phased reopening, with some closed to all but emergency appointments and others offering reduced services.
• Anyone traveling to the U.S must provide documentation of a negative viral COVID-19 test taken within three days of travel or evidence of recovery from a recent COVID-19 infection.
• The State Department posted this statement about Proclamation 10052 Thursday morning.

Additional Information: The Biden administration let the work visa ban lapse after rescinding the Trump administration’s immigrant visa ban in February.

BAL Analysis: The decision to let the work visa ban lapse is a welcome sign, but traveling to the U.S. remains challenging for many foreign nationals. Regional travel restrictions are still in place, and applicants should expect significant delays in obtaining visa appointments as consular operations gradually resume. Foreign nationals should consult with their BAL professional before planning any international travel. BAL continues to monitor COVID-19 entry and travel restrictions and will provide updates as information becomes available.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

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