By Angelita Chavez and Toni Ordona

On February 24, 2021, President Joe Biden revoked the presidential proclamation which blocked certain foreign nationals from entering the United States or obtaining immigrant visas at US consulates abroad. This policy change is effective immediately.

Presidential Proclamation 10014 limited the entry of certain foreign nationals from entering the United States if they were abroad on the proclamation’s effective date of April 23, 2020 and they did not already hold a valid US visa or travel document. The Trump-era proclamation precluded the issuance of new immigrant visas to these individuals at US consulates abroad.

In the policy document, “A Proclamation on Revoking Proclamation 10014,” the Biden administration cited harms to the United States, local industry, and impacted individuals as reason for overturning the proclamation. An estimated 500,000 foreign nationals will newly qualify for Diversity Visas and family-based green cards with this policy change.

The proclamation does not overturn Presidential Proclamation 10052, which blocks certain prospective H, J, and L visa holders from entering the United States if they were outside of the country on June 24, 2020 and did not already hold a valid US visa or travel document. Former President Trump extended the ban through March 31, 2021 prior to leaving office. It is unclear whether the Biden administration will overturn this policy as well.

Next steps 

Individuals who were impacted by the presidential proclamation may now schedule an interview appointment for immigrant visas at US consulates abroad. However, due to the visa backlog and the impact of the coronavirus pandemic, service may be limited or delayed.

For help understanding how this policy change impacts you or your employee, please contact your trusted Chugh, LLP attorney.