President Biden Revokes Ban Suspending Entry of Certain Immigrants, Issuance of Green Cards Overseas

Morgan Lewis

Morgan LewisPresident Joe Biden has rescinded Presidential Proclamation 10014, the prior administration’s ban that suspended the issuance of certain green cards overseas and barred entry into the United States of certain groups of immigrants. Effective immediately, these individuals should be eligible to enter the United States as permanent residents, and US consular posts should begin issuing immigrant visas to these applicants.

In a previous alert, we detailed the various classes of individuals impacted by the ban, including the following family-based and employment-based immigrant visa applicants:

  • Parents and adult children of US citizens
  • Immediate relatives (spouses and children) of permanent residents
  • Siblings of US citizens
  • EB-1 individuals of extraordinary ability and outstanding researchers
  • EB-2 individuals with advanced degrees, exceptional ability, or waivers of the labor certification requirement in the national interest
  • EB-3 professional and skilled workers

The restrictions, implemented under the Trump administration in April 2020, were set to expire on March 31, 2021. President Biden’s rescission of these restrictions means that impacted immigrants who were otherwise eligible to enter the United States as permanent residents may now do so. Additionally, consular posts abroad should now begin issuing immigrant visas to those applicants who were otherwise entitled to them.

As a practical matter, the lifting of this particular visa ban means that US consular posts abroad must begin scheduling immigrant visa interviews for eligible applicants in the categories described above. For any immigrants who had previously been interviewed but had not had an immigrant visa issued before the prior administration’s ban took effect, consular posts will have to now issue those immigrant visas.

However, the Biden administration appears to have left intact the prior administration’s pause on the issuance of certain nonimmigrant or temporary visas abroad, including new H-1B and new L visas. This pause is set to expire on March 31, 2021. It is not yet clear as to whether the Biden administration will allow this to expire or issue a proclamation to continue it.

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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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