Department of State Issues Update on Court Order Regarding President Proclamation on H-1B visa issuance
/On October 9, 2020, the Department of State posted on its website guidance about how it will comply with a federal court ruling enjoining the operation of section 2 of Presidential Proclamation (PP) 10052, which among other things bans the issuance of H-1B visas, against the plaintiffs in the suit. The plaintiffs in the suit include membership organizations such as the National Association of Manufacturers, the U.S. Chamber of Commerce, and the National Retail Federation. Therefore, any J-1, H-1B, H-2B, or L-1 applicant who is either sponsored (as an exchange visitor) by, petitioned by, or whose petitioner is a member of, one of the above named organizations is no longer subject to PP 10052’s entry restrictions.
The Department of State provides:
H-1B, H-2B, and L-1 Applications: Applicants must be prepared to demonstrate that a U.S. employer/petitioner is a named plaintiff or member of any of the named plaintiff associations. Applicants may provide evidence directly to the consular officer at the time of visa interview. Applicants may provide to a consular officer a letter issued by one of the named plaintiffs to the applicant’s petitioner attesting that the petitioner is a member in good standing of one of the named plaintiff associations. Consular officers will take steps to independently verify that the petitioner or sponsor is indeed a member of one of the plaintiff associations. Once the consular officer is able to confirm membership, they will be able to process the application to conclusion without regard to PP 10052.
Spouse and Child (derivative applications): The NAM court’s order also enjoined the government from enforcing section 2 of Presidential Proclamation (PP) 10052. Section 2 of PP 10052 extended entry restrictions to H-4, J-2, and L-2 applicants who would accompany or follow to join the principal H-1B, H-2B, J-1, or L-1 applicants. Accordingly, consular officers will not apply PP 10052 to these derivative applicants if the principal applicant is covered by the NAM court’s order. The principal applicant is not required to apply with the derivative applicants and may already be admitted into the United States at the time of their application.
