Back to Top skip to main content
Green and Spiegel - An Immigration Law Firm - United States
Jul 16, 2020

UPDATE: Additional Exceptions to Immigrant and Nonimmigrant Visa Issuance

Jonathan A. Grode and Joshua H. Rolf

UPDATE: Additional Exceptions to Immigrant and Nonimmigrant Visa Issuance

By Jonathan A. Grode and Joshua H. Rolf

Quick Takeaways

  • Derivatives of H, J, and L exempted from Executive Order and/or in the United States also exempted.
  • Immigrant Visa applicants protected against aging out.
  • Valid Diversity Visas will not be revoked.
  • Irish, UK, and Schengen F-1/M-1 may travel without National Interest Exception.

In another positive sign for visa applicants abroad, today the U.S. Department of State announced that it will continue issuing Nonimmigrant Visas for the following individuals:

  • Derivatives (i.e. – legal spouses and unmarried children under 21) of H-1B, H-2B, J-1, and L-1 Visa holders who are already exempt from the June 23 Executive Order or currently physically present in the United States; and

     

  • Select H and J Visa applicants who are traveling to the United States to work in support of a critical U.S. foreign policy objectives – including but not limited to the government’s response to COVID-19 – and/or those who are traveling at the request of the U.S. government.

These applicants join those explicitly exempted from the Executive Order, as well as Canadians and Bahamians who were excluded by default due to their general exemption from obtaining nonimmigrant visas.

With respect to Immigrant Visa issuance, the State Department’s announcement confirmed that the most recent Order will not apply to Visa applicants who are subject to aging out of their current Immigrant Visa classification before the relevant Presidential Proclamations expire at the end of this year, or within two weeks thereafter. Moreover, although Diversity Visa applicants without valid Immigrant Visas as of April 23 will not be permitted to enter the United States, this announcement confirms that said Visas will not be revoked.

In addition, European-based students may have a clear path to return to the United States to resume their studies in the coming months.Specifically, with U.S. Consulates around the world beginning to reopen and following the government’s recission of its July 6 F-1/M-1 Guidelines, the Department of State advised that students from the UK/Ireland and Schengen countries who are seeking and/or that are in possession of F-1/M-1 Visas may travel to the United States without obtaining National Interest Exceptions otherwise required by their respective orders.

We will continue to update our blog and provide E-Alerts to advise on the latest developments with international travel restrictions, consular reopenings, and visa services. As always, we strongly encourage you to reach out to our office if you have any questions regarding if or how this latest news impacts you and your family.

Related Team

Jonathan Grode

Jonathan A. Grode

215-395-8959

215-395-8959

email Jonathan

Philadelphia (US Headquarters)
Providence (New England)

Full Biography

Jonathan A. Grode
Joshua H. Rolf

Joshua H. Rolf

(215) 395-8959

(215) 395-8959

email Joshua

Philadelphia (US Headquarters)

Full Biography

Joshua H. Rolf

Recent Blogs

Aug 06, 2020

The U.S. Dept. of Labor and Immigration Authorities are Going to Examine Business Immigration Petitioners Much More Closely

The U.S. government and state agencies which regulate recruitment, hiring, and employment are integrating. They are sharing more information and increasingly possess tools for analysis, investigation, and reporting which rival those of the private sector. This makes the practical costs of mistakes, negligence, and fraud more significant and suggests that businesses look carefully policies and procedures to mitigate risk.

Jul 31, 2020

District Court Judge Rebukes Trump Administration Again

Nationwide Injunction Entered Against Application of Public Charge Rule by USCIS and DOS

Jul 29, 2020

U.S. Department of Justice Slaps Down Company's Attempt to Hire Only Foreign Workers

On July 27, 2020, the U.S. Department of Justice (DOJ) announced a settlement with ASTA CRS Inc. of Virginia (“ASTA”) which resolves complaints that ASTA discriminated against U.S. workers in hiring. Of issue was ASTA’s job announcements and procedures which sought exclusively foreign workers and made clear the company’s preference for hiring non-U.S. persons. These were violations of the Immigration and Nationality Act (INA) and the settlement saddles ASTA with policy changes, training, and DOJ oversight.