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President Trump Extends Proclamations 10014 and 10052 until March 31, 2021

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick provides a brand-new update regarding the President’s recent decision to extend Presidential Proclamations 10014 and 10052.

Want to know more? Keep on watching for more information.


Overview


First and foremost, we would like to wish our readers a very Happy Near Year. We hope that the new year brings many positive developments in the world of immigration law, especially with the changing administration on January 20th.

In this post we update you regarding a recent decision made by President Trump to extend his previously issued Proclamations known as Proclamation 10014 and 10052 until March 31, 2021.


What are these proclamations?


On April 22nd, President Trump issued P.P. 10014 entitled, “Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak.”

This proclamation created a 60-day ban on the issuance of new visas at U.S. Consulates and Embassies abroad and limited entry to the United States for a wide variety of people. The Proclamation was set to expire on June 22, 2020 but was further extended by the issuance of Proclamation 10052 until December 31, 2020.

Specifically, Proclamation 10014 applied to:

  • Aliens who were outside of the United States on the effective date of the Proclamation (April 23)
  • Aliens who did not have an immigrant visa that was valid on the effective date of the Proclamation (April 23rd) and
  • Aliens who did not have an official travel document other than a visa on the effective date of the proclamation (April 23rd) or issued on any date thereafter that permitted him or her to travel to the United States and seek entry or admission

P.P. 10014 did not apply to:

  • Lawful Permanent Residents of the U.S.
  • Aliens who are the spouses of U.S. Citizens
  • Members of the U.S. Armed Forces and any spouse and child of a member of the U.S. Armed Forces
  • Aliens under 21 years of age who are children of United States Citizens and prospective adoptees
  • Aliens seeking to enter the U.S. on an immigrant visa as a physician, nurse, or other healthcare professional
  • Aliens seeking to enter the U.S. to perform medical research or other research intended to combat the spread of COVID-19
  • Any spouse any unmarried child under 21 years of age of any such alien who is accompanying or following to join the alien
  • Any alien applying for a visa pursuant to the EB-5 Immigrant Investor Program
  • Aliens whose entry furthers important United States law enforcement objectives
  • Any alien seeking entry pursuant to a Special Immigrant Visa in the SI or SQ classification, and any spouse and child of any such individual
    • SI: Certain aliens employed by the U.S. Government in Iraq or Afghanistan as translators or interpreters
    • SQ: Certain Iraqis or Afghans employed by or on behalf of the U.S. Government
  • Any alien whose entry would be in the national interest of the United States (national interest waivers)
  • Aliens seeking entry for asylum, refugee status, withholding of removal, or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

Proclamation 10052

Just as P.P. 10014 was set to expire on June 22, 2020, the President issued P.P. 10052 which (1) extended P.P. 10014 until December 31, 2020 and (2) introduced new visa and entry restrictions for H-1B, H-2B, J, and L nonimmigrant workers due to their “risk of displacing and disadvantaging U.S. workers during the Coronavirus pandemic.”

P.P. 10052 went into effect on June 24, 2020 and was set to expire December 31, 2020.

This proclamation temporarily suspended the issuance of new visas and entry of the following individuals:

Aliens seeking to enter the United States (from abroad) on:

  • an H-1B or H-2B visa, and any alien accompanying or following to join such alien;
  • J visa, to the extent the alien is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any alien accompanying or following to join such alien; and
  • an L visa, and any alien accompanying or following to join such alien.

AND WHO WERE

  • outside the United States on the effective date of the proclamation (June 24); and
  • did not have a nonimmigrant visa that was valid on the effective date of this proclamation; and
  • did not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) valid on the effective date of the proclamation or issued on any date thereafter.

The New Proclamation


To prevent both proclamations from expiring, on December 31, 2020, President Trump signed an additional proclamation extending P.P. 10014 and P.P. 10052 until March 31, 2021.

Unfortunately, this means that the issuance of new visas will continue to remain suspended for those affected and entry will continue to be limited.

We believe that these proclamations will be invalidated by incoming President Biden in the early days of his administration. We will of course provide further updates on any new developments on our blog, Facebook pages, and YouTube channel.


Questions? If you have immigration questions and would like to schedule a consultation, please call 619-819-9204 or text 619-483-4549. Our toll free number is 866-488-1554.


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