Department of State Announces Additional Exceptions to Proclamation Suspending Entry of Certain Nonimmigrants In National Interest

Published on August 13, 2020

On June 22, President Trump signed Presidential Proclamation 10052, which together with the previously signed Proclamation 10014, suspends certain immigrants and nonimmigrants from entering the U.S. through December 31, 2020. The Proclamations contained exceptions for individuals whose entry would be in the national interest of the United States. On August 12th, the State Department released details on how consular officers will determine whether the national interest exception is appropriate for visa applicants under certain nonimmigrant visa categories.

H-1B, H-2B, L-1B and L-1A visa applicants may be eligible for an exception to the Proclamation suspending their entry into the U.S. under the following circumstances:

H-1B visa holders:

• If traveling as a public health professional or researcher working with COVID-19, secondary effects of COVID-19, or other public health areas with great impact; OR
• If traveling per a request from a U.S. government agency to perform projects essential to a said agency; OR
• If traveling to resume ongoing employment in the United States in the same position with the same employer and visa classification; OR
• If traveling is essential to the economic recovery of the United States. Two or more of the following is required:
  1. Continued need by employer;
  2. Senior level or vital role within a critical infrastructure sector;
  3. Wage rate that meaningfully exceeds the market rate by at least 15 percent;
  4. Expertise in a specialty occupation as indicated by employee’s education, training and/or experience;
  5. Financial hardship expected to the U.S. employer if the visa is denied.

H-2B visa holders:

• If traveling to fulfill a request from a U.S. government to meet critical foreign policy objectives; OR
• If traveling is essential to the economic recovery of the U.S. Two or more of the following is required:
  1. The applicant previously worked for the petitioning U.S. employer under two or more H-2B (named or unnamed) petitions;
  2. The applicant is traveling based on a temporary labor certification (TLC) that reflects continued need for the worker;
  3. Denial of the visa will cause financial hardship to the U.S. employer.

L-1A and L-1B visa holders:

• If traveling as a public health professional or researcher working with COVID-19, secondary effects of COVID-19, or other public health areas with great impact; OR
• If traveling per a request from a U.S. government agency to perform projects essential to said agency; OR
• If traveling to resume ongoing employment in the United States in the same position with the same employer and visa classification; OR
• If traveling as a technical specialist in a critical infrastructure company:
  • L-1A two or more of the following required:
    • senior-level executive or manager;
    • spent multiple years with the company overseas;
    • fill a critical business need in a critical infrastructure company.
  • L-1B all three of the following required:
    • individual will provide significant and unique contributions to the employer;
    • the applicant’s specialized knowledge is specifically related to a critical infrastructure need; AND
    • spent multiple years with the company overseas.

Dependents

• If traveling with a principal applicant spouse or parent who has been granted a national interest exception.

Amy Royalty can be reached at [email protected].
Marsha Mavunkel can be reached at [email protected].
Janet Cheetham can be reached at [email protected].
Joel Paget can be reached at [email protected].
Cody Nunn can be reached at [email protected].
Jen Chen can be reached at [email protected].