An order instituted by former President Trump expired on March 31, 2021. The order, Proclamation 10052, specifically restricted H-1B visas for highly skilled workers, H-2B guest-worker visas, J trainee visas and L intracompany transferee visas. Included in those restricted roles were spousal visas. The proclamation was enacted in an effort to open up to 525,000 jobs for American citizens as the country dealt with rising unemployment and business shutdown or slow down due to COVID-19.
President Biden has not extended the ban, nor does it appear likely he will.
As such, those with previously approved guest worker visas, like H-1B, H-2B, etc. are now free to join their sponsor organizations. These entities have had these resources stranded abroad due to the restrictions since summer 2020.
However, U.S. consular posts around the world continue to operate at reduced capacity. As such, there are challenges to obtain the visa issuance appointments for transferees and those coming from countries with COVD-19 based entry restrictions. If individuals demonstrate they qualify for the National Interest Exemption, entry to the United States may be possible.
President Biden revoked Proclamation 10014 which prevented foreigners from moving to the United States on new green cards. In a statement, President Biden said the orders don’t advance American interests. President Biden introduced The U.S. Citizenship Act of 2021 on the day of his inauguration. This was the first step toward immigration reform in the United States under President Biden.
If you have questions about your guest worker visa, contact our attorneys at ILBSG. We put our extensive experience and expertise to work for you, to ensure you get the right advice.
