In one of the last acts of the Trump Administration, the nonimmigrant visa suspension – first announced in June – was extended through March 31, 2021. This suspends the issuance of new L-1, H-1B, H-2B, and certain J-1 visas through the end of March on the grounds that such visa holders present a risk to the U.S. labor market during our recovery from the pandemic.
If you are a visa applicant in one of these categories, you may still be able to receive a visa stamp through two avenues:
- The Department of State will grant a visa if the applicant qualifies for a “national interest exception” to the visa suspension. We have had good success with this approach, and we encourage you to contact a Chin & Curtis attorney if you think you may qualify.
- The National Association of Manufacturers (NAM) and several other major business organizations successfully sued the Administration over the visa ban and obtained an injunction preventing enforcement of the ban for the organizations and their members. Under this injunction, employees at a company can be granted a visa if the company belongs to one of the organizations.
You can access detailed content provided by our partner firm, WR Immigration, with instructions and strategies for obtaining a visa under the NAM ruling: President Trump Extends Presidential Proclamation 10052 Impacting Immigrant and Non-immigrants.
As always, please do not hesitate to contact us if you have questions or would like further guidance.