Continued Processing of H-1B, H-2B, L-1, and J-1 Visas

In the case that you are not already aware, Proclamation 10052 of June 22, 2020 is no longer in effect as of March 31, 2021 as it has expired. This Proclamation temporarily suspended the entry of nonimmigrants who presented a risk to the U.S. Labor Market during the pandemic in the following categories: H-1B, H-2B, L-1, and J-1 (in certain J programs). This Proclamation had some additional limitations, including, but not limited to: aliens who were outside of the U.S. on the effective date of the Proclamation, who did not have a nonimmigrant visa that was valid on the effective date of the Proclamation, and who did not otherwise have a valid official travel document on the effective date of the Proclamation or issued any date after the date of the Proclamation which allows the alien to travel to the U.S. seeking entry/admission. The U.S. Embassy/Consulate will prioritize the processing of visa applications of applicants who have not yet been interviewed or scheduled for an interview in accordance with the existing Visa Services Operating Status Update Guidance. Applicants who were refused a visa due to Proclamation 10052 may now reapply by submitting a new application with a new fee.


Based on my experiences as well as those reported by others, nonimmigrant visa cases as well as immigrant visa cases are still experiencing delays. Although the Proclamation has expired, it appears that the pandemic is affecting the Embassy's/Consulate's ability to carryout the interviews. It is also worth noting that certain COVID-19 country specific travel bans still remain in effect.


If you believe that you have an urgent need for an appointment to obtain a nonimmigrant visa or an immigrant visa, you may wish to consult with an attorney. Attorney Carcagno handles both consular processing and immigrant visa processing and may be able to assist you with your case. You may contact her at (734) 999-0360 or rcarcagno@myimmigrationattorneynow.com.


***Please keep in mind that this blog posting is for educational purposes only (i.e., to give you general information and a general understanding of this immigration related matter); this blog posting does not provide specific legal advice and does not form an attorney-client relationship.***






Sources:

  1. https://travel.state.gov/content/travel/en/News/visas-news/update-on-presidential-proclamation-10052.html

  2. https://www.federalregister.gov/documents/2020/06/25/2020-13888/suspension-of-entry-of-immigrants-and-nonimmigrants-who-present-a-risk-to-the-united-states-labor





Rebecca Carcagno

The Law Offices of Rebecca Carcagno, PLLC

2512 Carpenter Rd

Suite 102A

Ann Arbor, MI 48108

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