Biden Administration Revokes Trump-Era Immigrant Visa Ban

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
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Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

On February 24, 2021, the Biden administration issued a proclamation immediately revoking the prior administration’s Proclamation 10014 of April 22, 2020, that blocked individuals from entering the United States on immigrant visas. Note that the proclamation provides relief to the ban on immigrant visas only. The Trump administration’s ban on certain nonimmigrant visa categories, such as H-1B, J-1, and L-1 visas, still remains in effect and is currently set to expire on March 31, 2021.

The Biden administration indicated that the “immigrant visa ban” does not advance U.S. interests and, in fact, “harms industries in the United States that utilize talent from around the world” and prevents immigrants from realizing “their dreams in the United States.” The immigrant visa ban was set to expire on March 31, 2021.

The proclamation further directs the secretary of state, the secretary of labor, and the secretary of homeland security to “review any regulations, orders, guidance documents, policies, and any other similar agency actions developed pursuant to Proclamation 10014 and, as appropriate, issue revised guidance consistent with” its revocation, as necessary.

The revocation will allow a U.S. consulate or embassy abroad to issue an immigrant visa to eligible individuals. Note, however, that many consulates and embassies are closed or operating on limited capacity due to COVID-19.

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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