National Interest Exceptions to Immigration Bans Are Possible for Some Visa Applicants

Presidential Proclamations 10014 and 10052 suspended the entry of certain immigrants and nonimmigrants until December 31, 2020. However, there are certain exceptions for individuals whose travel to the United States would be in the national interest that have been updated by the Department of State as of July 22, 2020. 

For example, exceptions are available for H-1B and L-1 visa applicants or holders if the individual is travelling to assist in some way with research pertaining to COVID-19 or another pressing public health matter like cancer. Exceptions under H-1B and H-2B also include travel by individuals who have been requested by a U.S. government agency or entity to assist with matters relating to foreign policy or treaties/contractual matters. 

Many exceptions are also listed for J-1s in the press release. Here is a list with just a few of the exceptions for J-1s: au pairs that have special skills required for children with particular needs and are travelling to provide care for a U.S. citizen, those travelling to provide childcare for parents who are providing medical care to COVID-19 patients, and some specialized teachers. Additionally, applicants who will age out of their current immigrant visa classification either before Presidential Proclamation 10014 expires or two weeks after it expires may fit under the national interest exception. 

To see a full list of potential national interest exceptions to PP 10014 and PP 10052, or to see further instructions on how to proceed if you may qualify for an exemption, click this link

This article is provided as an educational service and is not legal advice. Consult with an attorney for your specific circumstances.  For a comprehensive evaluation of your immigration situation and options, you are invited to call me at 214-494-8033, complete my contact form

Published by Ann Badmus

If you're a foreign medical graduate or medical professional who wishes to practice anywhere in the United States, Badmus & Associates can help you navigate the often complicated immigration process. You are invited to contact us at 214-494-8033 or at immigration@badmuslaw.com.

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