Summary: On February 24, 2021, President Biden revoked Proclamation 10014, section 1 of Proclamation 10052, and section 1 of Proclamation 10131 which suspended the entry of certain family-based immigrants. Certain family-based immigrants and selected ones in the 2020 Diversity Visa Lottery can now seek entry to the U.S. Unfortunately, the rescission of these proclamations will not impact H/L and J visa holders.
Due to the proclamations made by Trump last year, certain family-based immigrants, H1B, J and L visa holders were not able to enter the U.S until the end of this March. Now this rule was revoked by President Biden as of yesterday (February 24, 2021). This blog post will have a look at who will be affected by this new proclamation.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States, … hereby find that the unrestricted entry into the United States of persons described in section 1 of Proclamation 10014 is not detrimental to the interests of the United States.
A Proclamation on Revoking Proclamation 10014
Contents
Summary of the proclamation
Last year, Former President Trump suspended entries of certain visa-type holders in the face of high unemployment rates due to COVID-19. The effective date of this proclamation was extended to March 31, 2021, by following proclamations- Proclamation 10052 and Proclamation 10131. Below is the timeline that shows the title of proclamations and when each proclamation was published:
- Proclamation 1004 (April 22, 2020): Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak
- Proclamation 1004 was extended by Section 1 of Proclamation 10052 (June 22, 2020): Suspension of Entry of Immigrants and Nonimmigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak; AND
- Section 1 of Proclamation 10131 (December 31, 2020): Suspension of Entry of Immigrants and Nonimmigrants Who Continue To Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak
Details of the proclamation are well outlined in the blog titled Trump H1B Visa suspension 6/24~12/31 2020. For those who didn’t get a chance to read the post, here are affected visa categories from the blog post:
Along with prospective immigrants who seek to obtain the following non immigrant visas, any alien who seek to re-apply visas listed below will be suspended and limited to enter into the United States:
an H-1B or H-2B visa, and any alien accompanying or following to join such alien; a J visa, to the extent the alien is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any alien accompanying or following to join such alien; and an L visa, and any alien accompanying or following to join such alien.
The suspension and limitation on entry pursuant to section 2 of this proclamation shall apply only to any alien who:
is outside the United States on the effective date of this proclamation; does not have a nonimmigrant visa that is valid on the effective date of this proclamation; and does not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission.
Trump H1B Visa suspension 6/24~12/31 2020
Biden’s new proclamation allows certain family-based immigrants and selected ones in the 2020 Diversity Visa Lottery to enter the U.S.
Different views toward immigrants
President Biden noted on the proclamation that suspending them “does not advance the interests of the United States.” He continued that it rather “harms the United States.” What is more, Biden wrote that they are “talents from around the world,” thus, having them is better for industries in the United States. This point of view is totally different from Former President Trump’s.
The suspension of entry imposed by proclamation … does not advance the interests of the United States. To the contrary, it harms the United States, including by preventing certain family members of United States citizens and lawful permanent residents from joining their families here.
It also harms industries in the United States that utilize talent from around the world. And it harms individuals who were selected to receive the opportunity to apply for, and those who have likewise received, immigrant visas through the Fiscal Year 2020 Diversity Visa Lottery.
A Proclamation on Revoking Proclamation 10014
The new proclamation is great news for family-based immigrants as they can now seek entry to the United States or renew their visas by getting visa stamps. Furthermore, it seems that Biden’s positive perspective toward these groups of visa holders might bring more policies that could benefit immigration visas.
