Biden Administration Lifts Immigrant Visa Ban

The White House announced today, February 24, 2021, that the ban on the issuance of certain Immigrant Visas has been rescinded by President Biden. The ban, which prevented the issuance of certain employment-based, family-based, and Diversity Lottery immigrant visas was put in place on April 23, 2020 by the prior administration and subsequently extended. In lifting the restrictions, President Biden indicated that the ban "does not advance the interests of the United States" citing the harmful impact in individuals, businesses, and families, and to the United States as a whole.

Other visa bans put in place by the prior administration remain in effect, including a ban on certain employment-based nonimmigrant visas, and it remains to be seen whether President Biden will rescind those through a separate Presidential Proclamation.

White House Issues Presidential Proclamation Expanding Immigration Restrictions to Certain Nonimmigrant Visa Categories

Today the Trump administration released an expansion of its April 22, 2020 Presidential Proclamation on Immigration which was previously focused only on temporarily suspending the entrance of individuals entering the U.S. on certain immigrant visas. The expanded proclamation extends the temporary suspension of that limited class of immigrant visa holders from the U.S. This extension takes effect immediately. In addition, the Proclamation expands the suspension to nonimmigrant visas including some of the most commonly used employment-based nonimmigrant visas such as the H-1B, L-1, and certain J-1 visas, as well as any dependent family members of these visa holders. The entry of individuals on H-2B visas for non-agricultural seasonal workers is also suspended.

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President Trump Signs Executive Order Temporarily Suspending Most Consular Immigrant Visa Processing

Tonight, President Trump signed and Executive Proclamation titled “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak.” The Proclamation, which take effect at 11:59 pm ET on April 23, 2020, and will initially last 60 days, temporarily suspends the issuance of most Immigrant Visas, which allow individuals to enter the United States as Lawful Permanent Residents.

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