Update on Presidential Proclamation 10052
Last Updated: April 1, 2021
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.
Visa applicants who have not yet been interviewed or scheduled for an interview will have their applications prioritized and processed in accordance with existing Visa Services Operating Status Update guidance. Visa applicants who were previously refused visas due to the restrictions of Presidential Proclamation 10052 may reapply by submitting a new application including a new fee.
The resumption of routine visa services, prioritized after services to U.S. citizens, is occurring on a post-by-post basis, consistent with the Department’s guidance for safely returning our workforce to Department facilities. U.S. Embassies and Consulates have continued to provide emergency and mission-critical visa services since March 2020 and will continue to do so as they are able. As post-specific conditions improve, our missions will begin providing additional services, culminating eventually in a complete resumption of routine visa services. Applicants should check the website of their nearest U.S. Embassy or Consulate for updates on the services that post is currently offering.
What does the proclamation mean?
Effective June 24, 2020, the proclamation limits the entry to the U.S. of certain immigrant and nonimmigrant individuals who are deemed to present “threat to employment opportunities for Americans affected by the extraordinary economic disruptions caused by the COVID-19 outbreak”.
What is the effective date of this proclamation?
The proclamation is effective June 24, 2020.
For how long is this proclamation in effect?
This proclamation remains in effect until December 31, 2020 and may be modified or extended by the federal government.
Who is included in the proclamation?
- H-1B or H-2B visa, and their H-4 dependents.
- J visa under the categories of intern, trainee, teacher, camp counselor, au pair, or on a summer work travel program and their J-2 dependents.
- L visa, and their L-2 dependents.
The proclamation applies to the individuals above who:
- are outside the United States as of June 24, 2020
- do not already have a valid nonimmigrant visa; and,
- do not have a valid official travel document other than a visa (such as transportation letter, boarding foil, or advance parole document) as of the June 24, 2020 or issued thereafter.
Who is not included in this proclamation of Suspension and Limitation on Entry?
- Lawful permanent residents of the United States (green card holders).
- Spouses or unmarried children under 21 of United States citizens.
- Any foreign national seeking admission into the U.S. to provide temporary labor or services essential to the United States food supply chain.
- Any foreign national whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.
What is the criteria used to determine which foreign nationals meet the national interest requirement?
The proclamation directs the Secretary of State, Secretary of Labor and Secretary of Homeland Security to establish standards for which foreign nationals meet the criteria of “national interest” exemption above, and specifically includes:
- Foreign nationals critical to the defense, law enforcement, diplomacy, or national security of the United States;
- Foreign nationals involved with the provision of medical care to individuals who have contracted COVID-19 and are currently hospitalized;
- Foreign nationals involved with the provision of medical research at United States facilities to help the United States combat COVID-19; and,
- Foreign nationals who are necessary to facilitate the immediate and continued economic recovery of the United States.
What are the specifics of this proclamation that relate to students and scholars on J visas?
This proclamation does not impact J-1 students and scholars and their J-2 dependents.
Specifically, J-1 Exchange Visitors in the following categories seeking entry into the United States are exempt:
- J-1 exchange student
- J-1 research scholar
- J-1 professor
- J-1 short-term scholar
How is this proclamation connected to the Presidential Proclamation 10014 of April 22, 2020?
This proclamation extends the April 22 presidential proclamation restricting entry of new immigrants to December 31, 2020.
- Presidential Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak: https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-aliens-present-risk-u-s-labor-market-following-coronavirus-outbreak/
- Northeastern University Legal Updates for Students and Scholars: http://www.northeastern.edu/executive-orders/
- Presidential Proclamation restricting entry of new immigrants (April 22, 2020): https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-immigrants-present-risk-u-s-labor-market-economic-recovery-following-covid-19-outbreak/
- Remember to check the Center for Disease Control and Prevention (CDC) website for COVID-19 related travel updates: https://www.cdc.gov
- Review current travel advisories and information: www.travel.state.gov
- Northeastern University Travel Registry for students, faculty and staff, to enter travel itinerary and plans: https://provost.northeastern.edu/international-travel/travel-guidance/travel-registry/