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04.01.21

Presidential Proclamation 10052 has expired

BY Jason Gerrol

On March 31, 2021, Presidential Proclamation 10052 expired and will not be renewed. Proclamation 10052 was issued by President Trump on June 22, 2020, and suspended the issuance of new H-1B, H-2B, and L-1 visas, as well as certain categories of the J-1 visa, at consular posts abroad, with exceptions. Proclamation 10052 was initially scheduled to expire on December 31, 2020, but was extended to March 31, 2021.

The expiration of Proclamation 10052 is welcome news, but may have limited immediate effect because visa appointments at consular posts abroad remain extremely limited, or available on an emergency basis only, due to the pandemic.

In addition, the expiration of Proclamation 10052 does not affect various country-specific travel restrictions. The current travel restrictions apply to the 26 European countries that comprise the Schengen zone (Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland), the U.K., Ireland, Brazil, Iran, China, and South Africa. Non-U.S. citizens/lawful permanent residents who have been physically present in any of the aforementioned countries within the 14 days before traveling to the U.S. will be prohibited from entering the U.S. unless an exception applies (including obtaining a National Interest Exception).

As a result of the continued challenges in obtaining a visa appointment and the country-specific travel restrictions, foreign nationals currently in the U.S. should refrain from international travel, and should consult with immigration counsel before making any international travel plans.

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Jason Gerrol

Of Counsel

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