Presidential Proclamations on Immigrant/Nonimmigrant Visa Ban Extended Through March 31, 2021

President Trump has extended a travel ban for certain categories of immigrants and nonimmigrants to March 31, 2021. The purported basis for the extension of the ban is the Covid-19 pandemic.

The original executive proclamation, issued in late June 2020, severely limited the number of nonimmigrant and immigrant visas that may be granted. The continuation of the nonimmigrant ban affects the following designations: H-1B and H-2B nonimmigrants; L-1A executives and managers; L-1B specialized knowledge workers; and J-1 interns, trainees, teachers, camp counselors, au pairs and Summer Work Travel participants and any dependent spouses and children requiring H-4, J-2 or L-2 visas. The ban also extends to some foreign nationals if they were outside of the United States on June 24, 2020, did not hold a U.S. nonimmigrant visa in one of the above-listed visa categories on June 24, 2020 and did not hold an advance parole or other U.S. travel document prior to seeking entry to the United States. U.S. citizens, lawful permanent residents, and those holding valid immigrant visas on the effective date of the Proclamation, are not subject to the proclamation. In addition, certain exemptions – including those qualifying for a national interest exemption - apply.

The proclamation also extends a temporary ban on immigrant entry that applies to employment-based, family-based and diversity-based visas with limited exceptions. The ban does not affect the filing or processing of applications for adjustment of status.

President-Elect Biden has not yet addressed whether he will rescind the recent presidential proclamation after taking office on January 20.

For more information about the new Presidential Proclamation, see here. For information about the prior Presidential Proclamations, click here and here,

Categories: Immigration Blog