Biden Administration Declines To Extend Travel Ban; Entry Restrictions Remain In Force

Tarter Krinsky & Drogin LLP

The temporary work travel ban implemented by the prior administration in the summer of 2020 expired on Wednesday, March 31. Proclamation 10052 blocked foreign nationals in certain nonimmigrant workers, including H-1B, J-1, and L-1 visa holders from entering the United States. The Biden administration has declined to renew the proclamation.

What You Need to Know –

  • Proclamation 10052 is no longer effective and will no longer prevent entry of foreign nationals based on their visa classification.
  • Foreign nationals subject to the ban may still encounter difficulty entering the United States due to COVID-19 travel restrictions, as well as regional travel bans and severely reduced consular services in hard hit countries.
  • Regional travel bans have not changed. These bans still affect those present in Brazil, China, Iran, Ireland, South Africa, the United Kingdom, and European/Schengen areas in the 14 days prior to attempting to enter the U.S. At this time, the administration has not set an end date for the expiration of these travel bans.
  • Consulates remain subject to in-country conditions and are experiencing phased-in reopening. Emergency appointments are available, as are US citizen services.
  • For purposes of travel to the United States, anyone planning U.S. entry must provide documentation of a negative COVID-19 test taken within 72 hours of travel or must present proof of evidence of recovery from a recent COVID-19 infection.

While the Biden administration has signaled that it recognizes the importance of foreign talent and its contribution to the US economy in all areas, it remains concerned about health conditions globally. It should be noted that significant delays in consular processing remain in place and will continue to slow down visa issuance and the ability of non-immigrant visa holders to enter the U.S. for purposes of employment.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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