April 2^nd, 2021

DOS announced that Presidential Proclamation 10052, which suspended the entry of certain nonimmigrants, expired on March 31, 2021. Visa applicants who have not yet been interviewed or scheduled for an interview will have their applications prioritized and processed per existing phased resumption of visa services guidance. Applicants who were refused visas due to the restrictions of the proclamation may reapply by submitting a new application including a new fee.

Sunsetting of Proclamation 10052

On March 31, 2021, Presidential Proclamation 10052 (PP 10052) which suspended entry of certain nonimmigrants is expected to sunset. The proclamation was extended most recently to March 31, 2021 by former President Trump in Presidential Proclamation 10131 (PP 10131) issued on December 31, 2020.

While this is welcome news and an important step towards creating a welcoming America, the expiration of PP 10052 will not likely result in immediate processing of their nonimmigrant visa applications.

Current State of Consular Post Operations

While health ban is lifted in many countries, and posts begin to move towards offering a normal level of services. Many of the consular such as the one in Schengen, U.K., and Ireland area have made it clear that they will prioritize issuing immigrant visas (IVs).

While that does not necessarily mean that there will not be any nonimmigrant visa (NIV) issuance, we suggest to set reasonable expectations in light of the expiration of PP 10052. The COVID-19 global pandemic continues to impact post operations and with many health-related bans still in place, will likely continue to impact posts’ ability to process cases.

The end of the current travel bans does not mean that appointment availability – for IV or NIV cases – will be back to a pre-COVID-19 level. Although the National Visa Center currently has approximately 500,000 documentarily qualified IV cases that are ready to be sent to post on a first-in-first-out-basis. This backlog appears to be one of the main factors for focusing posts’ currently limited resources on IV issuance.

Status of National Interest Exceptions for under COVID-19 Health Related Bans for Countries Other than Schengen Area, Ireland, and U.K.

Concerns are raised regarding what National Interest Exception (NIE) guidance posts will follow after PP 10052 has expired. Currently the Schengen Area, Ireland, U.K countries are the only region with specific criteria for obtaining an NIE.

The Department of State had been requested to release additional guidance to address the confusion. Yet it is likely that the sunsetting of PP 10052 will not impact the common definition of what has been considered in the National Interest for those countries subject to health-related travel bans.

Attorney Jing Feng is a decorated immigration lawyer who has been working in immigration for years. She has notable experience in this domain, and has successfully gained U.S. residency for thousands of her clients. For more consultation on visa preparation, please contact Jing Feng Law Group, PLLC at jfeng@fengvisa.com or 646-288-7129. We look forward to hearing from you!