President Biden Revokes Trump’s Immigrant Visa Ban (P.P. 10014)

On February 24, 2021, President Joe Biden revoked Proclamation 1001 previously issued by the Trump Administration, which temporarily suspended and limited the entry of some immigrants into the U.S.

President Biden’s order asserts that the temporary ban hurts U.S. interests by separating American families, stifling industries that recruit foreign talent, and disrupting the Fiscal Year 2020 Diversity Visa Program.

In response to the presidential rescission of Proclamation 10014 in full, the Department of State has provided Instructions for immigrant visa applicants:

  • The agency is resuming routine visa services on a post-by-post basis, although its rollout will depend upon consideration of health concerns arising from the pandemic. Applicants may check the website of the nearest U.S. embassy or consulate for updates on what visa services are currently available;
  • Applicants who have not yet been interviewed, including DV 2021 applicants, will have applications processed according to a phased resumption of visa services;
  • Applicants whose immigrant visa petition remains valid and had previously been interviewed but refused visas due to Proclamation 10014 should wait for instructions from the U.S. embassy or consulate where the interview took place;
  • Individuals holding diversity visas issued in 2020 which are still valid may seek entry to the U.S. immediately. Additional provisions may apply to individuals whose diversity visa was issued as a result of the Gomez v. Trump court order;
  • Geographic COVID-19 restrictions suspending the entry into the U.S. of foreign nationals who have been physically present in the People’s Republic of China, Islamic Republic of Iran, Schengen Area, United Kingdom, Republic of Ireland, Brazil, and South Africa, in the 14-day period before seeking entry into the United States, remain in effect, except for immigrant visa applicants who are spouses or children of U.S. citizens (IR/CR-1, IR/CR-2, IR/IH-3, and IR/IH-4), as well as spouses and minor children of lawful permanent residents (F2A), and other possibly applicable exemptions.

Restrictions resulting from Section 2 of the Proclamation 10052 remain in place, impacting certain nonimmigrant visa categories, such as applicants for H-1B, H-2B, and L-1 visas, J-1 visa applicants participating in the intern, trainee, teacher, camp counselor, au pair, or summer work travel programs, and any spouses or children of covered applicants applying for H-4, L-2, or J-2 visas.

This article is for informational purposes only. It is not meant to and cannot substitute the advice of and representation from a competent immigration attorney.