On Wednesday February 24, 2021 President Biden revoked, with limited exceptions, the ban on immigrant visas, at consulates and embassies overseas. However, the ban on the issuance of nonimmigrant work visas such as H-1B, H-2B, L and certain J visas was not revoked. The nonimmigrant visa ban is set to expire on March 31, 2021 and unless the Whitehouse specifically revokes it before then, it appears there will not be any new H-1B visas issued overseas until after that date unless a national interest exemption applies. You can read President Biden’s Proclamation here. Proclamation 10014, which was Trump’s ban on immigrant visas that was revoked by President Biden, can be read here. Proclamation 10052, Trump’s ban on non-immigrant visas can be read here. Proclamation 10131 extending 10052 until March 31, 2021 is available here.
While the revocation of Proclamation 10014 is welcome news, we feel the White House came up short by not specifically removing the ban with respect to H-1B, J and L visas.
We will continue to monitor the situation as the Biden administration issues immigration policy pertinent to employment based immigrant and nonimmigrant visas.