National Interest Exceptions to H, L, J Travel Bans

Presidential Proclamation 10052 limited travel by certain nonimmigrant visa classes who presented a “risk to the U.S. labor market following the coronavirus outbreak.”

As we previously reported, the orders do not apply to:

  • Applicants in the United States on the effective date
  • Those with valid visas at the time of the effective date
  • Individuals with other official travel documents valid on the effective date
  • Spouses and children of the individuals above

The proclamation also allows travel for:

  • Public health or healthcare professionals and researchers entering to alleviate effects of COVID-19 pandemic or in areas not directly related, but has been adversely impacted by the pandemic
  • Individuals invited to meet U.S. foreign policy objectives, satisfy treaty or contractual obligations with a U.S. government agency

The Department of State also outlined some “National Interest Exceptions” for overcoming the bans and traveling to the U.S. for H-1B, L-1, and J-1 visa holders.

5 ELIGIBILITY CRITERIA FOR OVERCOMING H-1B BAN

 

3 ELIGIBILITY CRITERIA FOR OVERCOMING L-1 TRAVEL BAN


ELIGIBILITY FOR OVERCOMING J-1 TRAVEL BAN

 

3 ELIGIBILITY CRITERIA FOR OVERCOMING H-2B TRAVEL BAN

Additional Resources

Next Steps

It will be at the consular officer’s discretion as to whether visa applicants meet the criteria above. Visa appointments will be limited as embassies and consulates begin to reopen. Applicants and employers should consult with their attorneys to prepare a package of strong evidence before scheduling an appointment.

Contact us at info@challalaw.com to schedule a time to discuss whether your critical employees are eligible for an exception to the travel ban.