Proclamation 10052 Summary: How New Proclamation Affects Immigrants and Nonimmigrants

Proclamation 10052 Summary: How New Proclamation Affects Immigrants and Nonimmigrants

On June 22, 2020, President Trump signed a new Presidental Proclamation. Due to the overall ambiguity and inconsistency of specific provisions, we have received many questions regarding Proclamation 10052. Here are our answers to some of the most common questions. 

When did Proclamation 10052 become effective, and when will it be terminated?

Proclamation 10052 became effective on June 22, 2020, and it terminates on December 31, 2020.

Who is impacted by proclamation 10052?

Proclamation 10052 suspends the entry into the United States of foreign nationals in the following nonimmigrant categories:

  • L-1 intracompany transferees and their L-2 spouses and children, as well as anyone else accompanying or following to join them
  • H-1B professionals, H-2B temporary workers, and their H-4 spouses and children, as well as anyone else accompanying or following to join them
  • J-1 interns, trainees, camp counselors, au pairs, summer work travel program participants and their J-2 spouses and children, as well as anyone else accompanying or following to join them

Also, the Proclamation, effective immediately, extends through December 31, 2020, the existing “ban” of April 22, 2020, on immigrant visas (i.e. visas issued to those entering the United States to become permanent residents, also known as green card holders).

In which cases does the “ban” apply?

The nonimmigrant “ban” only applies when the individual in question:

  • Is outside of the United States as of 12:01 AM EDT on June 24, 2020
  • Does not hold a valid U.S. nonimmigrant visa
  • Does not hold an official U.S. travel document other than a visa (e.g. advance parole or a transportation letter)

What are the exceptions to the “ban’?

The nonimmigrant “ban” shall not apply to individuals who:

  • Are green card holders, or spouses or children of U.S. citizens
  • Are entering to provide temporary labor or services essential to the U.S. food supply chain
  • Can prove that their entry to the United States would be in the national interest of the United States. While details surrounding this discretionary waiver have not been made clear, it should include, among others, those who “are necessary to facilitate the immediate and continued economic recovery of the United States.”.

Who is not affected by the “ban”?

The “ban” has no impact, among others, on:

  • Visa Waiver Program / ESTA visitors
  • B-1/B-2 visitors
  • E-1/E-2 treaty traders and investors and their managerial, executive, and essential employees
  • O-1 extraordinary ability/achievement persons and their O-2 essential support
  • TN and E-3 professionals
  • P-1/P-2/P-3 athletes, entertainers, performers and artists
  • F-1 and F-2 students

Can I still file an immigrant or nonimmigrant petition to USCIS?

Yes, you can. Although visa issuance and entry into the United States is temporarily suspended until December 31, 2020, for the categories of immigrant and nonimmigrants we have listed, Proclamation 10052 does not stop U.S. Citizenship and Immigration Services (USCIS) from accepting and adjudicating nonimmigrant and immigrant petitions.

Do U.S. Embassies and Consulates process visa applications?

Regardless of the “ban”, U.S. Embassies and Consulates around the world remain closed for non-essential visa processing, and there is still no clarity on when they may resume operations.

Is the COVID-19 “U.S. travel ban” lifted by proclamation 10052?

Proclamation 10052 does not in any way change the COVID-19 related “U.S. travel bans”. They remain in place for people who have been to China, Iran, The United Kingdom, Ireland, Brasil, and Schengen Area countries (Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland) in the 14 days before their requested entry into the United States.

Where can I find additional information about proclamation 10052?

Considering this proclamation has recently been issued, there is no information on how U.S. Embassies and Consulates around the world will enforce it and will adjudicate the “national interest” exceptions, or how the Customs and Border Protection officers at U.S. ports of entry will apply it.

For any questions, or if you have any concerns about your immigration status or needs, feel free to contact your Chicago Immigration Attorney at Sverdloff Law Group.

 

 


This article provides general information only. It is based on law, regulations and policy that are subject to change. Do not consider it as legal advice for any individual case or situation. Each legal case is different and case examples do not constitute a prediction or guarantee of success or failure in any other case. The sharing or receipt of this information does not create an attorney-client relationship.