As some travel restrictions begin to ease, many ILBSG clients have questions about traveling outside the U.S. and what to expect if H-1B stamping is required. As there are still some obstacles impacting stamping, ILBSG encourages its clients to review the information outlined below before traveling outside the U.S.
Visa Ban:
As a reminder, in June 2020, President Trump issued a visa ban barring U.S. embassies and consulates from issuing new H-1B visas until December 31, 2020. Later, the order was extended to March 31, 2021. To date, the Biden Administration has not reversed the executive order banning new visas, meaning anyone planning to travel between now and March 31, 2021 should be aware of its impact. While we do anticipate the order will be reversed by the Biden Administration soon, until that time, travel should be carefully planned and considered.
As ILBSG reported previously, there are several exceptions to the visa ban, which primarily affects FY 2021 H-1B candidates with approvals issued without an I-94. Otherwise, if you are currently in the U.S. working on H-1B and you held valid nonimmigrant status as of June 22, 2020 (the date of the order), you are exempted from the ban and can attend stamping should you step outside the U.S.
Other important exceptions outlined by the State Department include:
- Nonimmigrant visa holders in restricted categories such as H, L, and J who are exempt because they are already in the U.S. will be able to have their dependent spouse and/or children join them in the U.S. In other words, these dependents will also be exempt from the proclamation and able to apply for visas to come to the U.S. to join the principal nonimmigrant visa holder.
- Certain H, L, and J visa applicants who are traveling as public health or healthcare professionals to alleviate the effects of COVID-19 will be exempt.
The complete list of exceptions to the Presidential Proclamation can be viewed here. If you are unsure whether the visa ban applies to you, please reach out to an ILBSG attorney today.
ILBSG is monitoring this issue closely and if the ban is lifted, we will alert our clients right away.
Consular Delays:
While the visa ban is expiring soon and may be reversed ahead of time, there are other important considerations to take in account if you are planning to travel and require visa stamping to return to the U.S. Since many U.S. consulates and embassies experienced closures due to the ongoing Covid-19 pandemic, many are now reporting lengthy delays and very few available appointments over the coming months while the backlogs are cleared. Before booking any travel, ILBSG recommends scheduling your appointment for stamping to ensure there is an available slot during the dates you intend to be outside the U.S. We also caution that due to the unpredictable nature of the pandemic, appointments can be cancelled and result in delays returning to the U.S. If you plan to travel, you should be prepared for unforeseen delays and make sure your employment and project will not be impacted should you end up outside the U.S. longer than planned. ILBSG continues to advise travel only if it is absolutely necessary.
Travel Restrictions:
Finally, while some travel restrictions are easing, travel should still be considered with caution. Covid-19 and its recently discovered variants remain unpredictable, meaning travel restrictions can always be imposed by airlines or governments with little notice. Flights are still being cancelled or consolidated frequently, meaning that even if there are no obstacles with visa stamping, you could still experience delays in returning to the U.S. While low airline fares may seem appealing, the other costs of traveling may outweigh the savings.
Before traveling, ILBSG encourages its clients to plan ahead and take the current travel restrictions and delays into careful consideration. As always, ILBSG advises its clients to consult with an immigration attorney before any travel.
If you are unsure of the potential requirements of your specific situation, contact us at ILBSG. We work with you to make sure you get the right advice for you.
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