State Department Broadens National Interest Exceptions for H-1B, H-2B, L-1, and J-1 Applicants

The US Department of State (DOS) has issued guidance explaining additional ways for H-1B, H-2B, L-1, and J-1 visa applicants to overcome the travel restrictions detailed in President Trump’s June 22, 2020, presidential proclamation (PP 10052). This June 22 proclamation suspended the entry of foreign nationals into the US on H-1B, H-2B, L, and J visas until at least December 31, 2020, and also extended the suspension of entry to the US of most immigrant visa applicants through the end of the year. The DOS guidance, issued August 12, 2020, broadened the exceptions to the June 22 proclamation, but not everyone is pleased. Jesse Bless, American Immigration Lawyers Association’s (AILA) director of litigation, criticized the guidance in an interview in Forbes: “The guidance is an attempt to place new statutory requirements for these visas in violation of the Immigration and Nationality Act and, to the extent the law is ambiguous, without notice and comment to enact regulatory change.” He added: “Some may benefit, but it’s an unlawful attempt nonetheless.”

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