On June 22, the President signed Presidential Proclamation (P.P.) 10052, which extends P.P. 10014, which suspended the entry to the United States of certain immigrant and non-immigrant visa applicants, through December 31, 2020. Specifically, the suspension applies to applicants for H-1B, H-2B, and L-1 visas; J-1 visa applicants.
The new State Department guidance provided potential exemptions to H, L, and J applicants due to the national interest of the country as follows:
L-1A and L-1B applicants:
- Public health or healthcare professional or researcher to alleviate the effects of COVID-19 pandemic.
- Satisfying contractual obligations such as supporting U.S. military base construction.
- Resuming ongoing employment in the U.S. in the same position.
- Senior Executive in a critical business such as chemical, dams, defense.
- L-1A applicants seeking to establish a new office in the United States likely do NOT fall into this category, unless two of the three criteria are met AND the new office will employ, directly or indirectly, five or more U.S. workers.
- Public health or healthcare professional or researcher to alleviate the effects of COVID-19 pandemic or involved in research with a substantial health benefit such as cancer.
- Individuals engaged in projects essential to a U.S. government agency or facilitating the immediate and continued economic recovery of the U.S.
- Meeting critical foreign policy objectives or to satisfy contractual obligations such as supporting U.S. military base construction.
- Facilitating the immediate and continued recovery of the U.S. economy such as forestry, nonfarm animal caretakers.
- Au pairs caring for a minor with special needs or whose parents caring for COVID-19 patients or conducting research.
- Workers in an exchange program that is in the U.S. national interest or supporting the recovery of the U.S.
- Specialized teacher working full-time in an accredited educational institution.
H-4, L-2, AND J-2 applicants:
- National interest exceptions are available to join a principal applicant who is a spouse or parent.