Trumps Travel Bans Suspending Entry of Immigrants and Nonimmigrants extended until March 31, 2021

On December 31, 2020, the Trump administration issued a presidential proclamation extending the ban of entry to the U.S. for certain nonimmigrant and immigrant visas. The travel bans, originally scheduled to expire on Dec 31, 2020, have been extended until March 31, 2021:

• • • • –April 22, 2020 Proclamation banning most immigrant visa applicants who are outside of the U.S.
      • –June 22, 2020 Proclamation banning most new non-immigrant visa holders under the H-1B, L-1, H-2B, and J-1 visa categories and their derivative family members.

Exemptions to the bans remain and the following will not be impacted by the order:

• • • • -U.S. lawful permanent residents who are abroad;
      • -Spouse and children of U.S. citizens who are abroad;
      • -Foreign nationals who are already in the U.S.;
      • -Foreign nationals holding a valid visa stamp, advance parole or other U.S. travel document on June 24, 2020, even if they are outside the United States when the ban takes effect;
      • -J-1 exchange program participants other than interns, trainees, teachers, camp counselors, au pairs, and summer work travel participants; and
      • -Foreign nationals entering to provide temporary labor or services essential to the U.S. food supply chain.

Furthermore, the entry ban does not apply to the following:

• • • • -Other nonimmigrant workers coming to the U.S. in other employment-based visa categories, such as TNs for Canadians and Mexicans, E-3s for Australians, H-1B1s for Singaporeans and Chileans, O-1s for extraordinary workers, E-1 treaty traders and E-2 treaty investors, H-3 trainees, P performers and athletes, R-1 religious workers, etc.
      • -Individuals seeking H-1B, H-2B, L-1 or J-1 changes of status or extensions of status in the U.S.

Country specific travel bans, such as The Proclamation on Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Novel Coronavirus preventing any foreign national who had been present in China, Iran, Schengen Area countries, Ireland, UK or Brazil, within 14 days of travel to the U.S., entering the U.S., continue to exist without an expiration date.

The travel bans also provide for certain discretionary waivers to allow entry into the U.S. for individuals subject to the entry ban. Waivers are to be decided on a case-by-case basis. Further, President Elect Biden has expressed that he will work to reverse Trumps travel bans within his first 100 days in office.

If you are currently abroad, or planning to travel abroad, please speak to an immigration attorney at Minsky, McCormick and Hallagan to understand your options.