Department of State revises Guidance on Court Order in NAM vs DHS

The Department of State (DOS) issued revised guidance on November 18, 2020regardinga court order issued in National Association of Manufacturers v. Department of Homeland Security (NAM vs DHS). The revised DOS guidance clarified the court’s October 1, 2020, order enjoining the government from enforcing a Trump administration ban on H, L and J nonimmigrants under section 2 of Presidential Proclamation 10052.

Applicants are now considered covered by the NAM court’s order “if the applicant’s petitioner, sponsor, or host organization (for J-1 visas) is either one of the named plaintiffs or a member of one of the named plaintiff associations as of the time of interview. ”The court further ordered that DOS “treat visa applicants covered by the injunction no less favorably than any other nonimmigrant visa applicant.” The DOS guidance states that posts should extend the national interest exceptions under the proclamation to applicants covered by the injunction where regional COVID-19-related proclamations are in effect.

Iandoli Desai & Cronin will continue to monitor the situation and provide updates as the DOS starts issuing visas.