Federal Agencies, Agency Memos & Announcements

DOS Issues Update on Court Order Regarding Presidential Proclamation 10052

10/9/20 AILA Doc. No. 20100536. Admissions & Border, Business Immigration, Consular Processing, H-1B & H-1B1 Specialty Occupation, H-2B Temporary Worker, L-1 Intracompany Transferee

October 9, 2020

DOS announced that as a result of the federal district court's injunction in National Association of Manufacturers v. DHS, 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 plaintiffs in the lawsuit is no longer subject to PP 10052’s entry restrictions. The named plaintiffs include: the National Association of Manufacturers, the U.S. Chamber of Commerce, the National Retail Federation, TechNet, and Intrax, Inc. Please note that it is AILA’s understanding that even if a petitioner were to join one of the plaintiff organizations after the order has been issued, they should still be able to take advantage of the injunction.

Please note that as discussed in the update, many U.S. embassies and consular posts across the world are not currently operating at full capacity due to the ongoing COVID-19 global pandemic. Members are reminded that while individuals may no longer be subject to PP 10052, they may still face difficulty in obtaining a visa appointment. As included the guidance, posts will not consider PP 10052 as a factor when reviewing a request for an emergency appointment.

October 2, 2020

DOS announced that per the California federal court’s order in National Association of Manufacturers v. DHS, PP 10052 will not be taken into account in making emergency appointments. DOS is in the process of updating guidance on individual embassy and consulate websites.

Download this Document
Cite as AILA Doc. No. 20100536.

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