Back in June 2020, former President Trump suspended issuance of certain types of nonimmigrant visas, including H-1B and L visas, widely used in corporate immigration. Extended until 31 March 2021, this Proclamation 10052 has now expired. U.S. diplomatic missions shall accordingly start resuming visa specific services and return to a pre-pandemic routine.

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However in practice, some consulates continue to deny visa applications from applicants covered by the travel ban, unless they qualify for a NIE (National Interest Exception). Indeed, entry to the U.S. is restricted for certain foreign nationals who have been physically present during any part of the 14 days prior to entry in Brazil, the United Kingdom, the Republic of Ireland, the Schengen Area, South Africa, Iran and China. This countries are considered at risk in terms of Covid-19. Travelers could quarantine outside the countries covered by the ban and then enter the U.S., but the current practice of U.S. consulates prevents them from getting the visa anyhow.

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This is happening despite no official restriction on visa issuance to foreigners in these countries, and places a shadow ban on visa issuances for foreign nationals that do not qualify for an NIE (National Interest Exception).

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Find the complete alert and detailed analysis of our partner here.

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This alert was prepared based on the information shared by our partner Bruna Frota and her team from INLG, and published with their permission.

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