Visa Ban Extended

April 22, 2020, Visa Ban Extended – Which Visas are Subject to the Ban?

·         Immigrant visas for parents, adult sons and daughters, and siblings of U.S. citizens;

·         Immigrant visas for spouses and children of lawful permanent residents;

·         Immigrant visas under the diversity visa lottery;

·         Immigrant visas in the employment-based categories;

·         Green card holders;

·         Spouses and children of U.S. citizens;

·         Members of the U.S. Armed Forces and their spouses and children;

·         Persons applying for green cards under the EB-5 investor program;

·         Persons who would further important U.S. law enforcement objectives;

·         Persons whose entry would be in the national interest;

·         Persons who qualify for special immigrant visas as Afghan/Iraqi translators/interpreters or U.S. government employees; and

·         A person seeking an immigrant visa as a physician, nurse, or other healthcare professional; to perform research intended to combat the spread of COVID-19; or to perform work essential to combatting, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak.

Visa Ban Expanded on June 24, 2020, to Include:

·         H-1B Visas for Professionals and Others;

·         H-2B Visas for Temporary Non-Agricultural Workers;

·         L-1A Visas for Intracompany Managers and Executives;

·         L-1B Visas for Intracompany Transferees with Specialized Knowledge;

·         Certain J-1 Exchange Visitors – Interns, trainees, teachers, camp counselors, au pairs and summer work travel participants; and

·         Spouses and unmarried children of persons in the above categories who are “accompanying or following to join” the principal in the U.S.

Who is Exempt from the Expanded Visa Ban?

·         Green card holders;

·         Spouses and unmarried, minor children of U.S. citizens;

·         Foreign nationals present in the U.S. on June 24, 2020;

·         Foreign nationals abroad who have valid visas, advance parole or other U.S. travel permits;

·         Persons with J-1 status who are not in one of the banned categories (See above);

·         Persons seeking to enter the U.S. to provide temporary labor or services essential to the U.S. food supply chain; and

·         Persons whose entry would be in the national interest as determined by the Secretary of State, the Secretary of the Department of Homeland Security, or their respective designees. This includes persons who are critical to the defense, law enforcement, diplomacy, or national security of the U.S.; are involved with the provision of medical care to individuals who have contracted COVID-19 and are currently hospitalized; are involved with the provision of medical research at U.S. facilities to help combat COVID-19, or are necessary to facilitate the immediate and continued economic recovery of the U.S.