Update on Presidential Proclamations Barring Entry to the U.S.

In January 2020, the Trump administration began issuing geographical Presidential Proclamations to implement restrictions on entry to the U.S. from certain countries (Schengen Area, Ireland, U.K., Brazil, China and Iran) in response to COVID-19. These five geographical proclamations (P.P. 9984, 9992, 9993, 9996, 10041) suspend travel to the U.S. for any foreign nationals who have been physically present in those countries within the immediately preceding 14 days prior to their intended arrival in the U.S. The suspension also applies to transiting through a U.S. airport or transiting through an airport of a country on the banned list. These proclamations remain in effect until terminated by the President.

Additionally, the U.S. Center for Disease Control (CDC) has issued an order requiring all air passengers arriving from the U.K. including U.S. citizens and permanent residents to present a medical certificate with a negative COVID-19 PCR or antigen test result issued within 72 hours prior to departure. Further details can be found here.

In June 2020, another Presidential Proclamation (P.P. 10052) was issued to restrict the entry to the U.S. of certain classes of nonimmigrants “who present a risk to the U.S. labor market.” This proclamation bans the entry of those seeking to enter with H-1B, H-2B, certain J-1 categories (intern, trainee, teacher, camp counselor, au pair, or summer work travel program); or L-1 visas, and their derivative dependents. This proclamation was originally set to expire on December 31, 2000 and was extended by the Trump Administration to March 31, 2021.

P.P. 10052 does not apply to individuals who:

·    Were present in the U.S. on June 24, 2020*;

·    Possessed a valid nonimmigrant visa in one of the restricted classifications on June 24, 2020 and who requests entry to the U.S. pursuant to that visa category; or

·    Who applies for entry to the U.S. on a valid travel document.


*While P.P. 10052 should not apply to an individual who was in the U.S. as of June 24, 2020 or was in possession of a valid visa, the Department of State has indicated that an individual who was in the U.S. on June 24, 2020 but whose visa expired prior to June 24, 2020 will be subject to the proclamation. If they leave the U.S. and subsequently apply for an H-1B, H-2B, J-1, or L-1 visa, they would be unable to obtain a new visa unless they establish that they qualify for a national interest exception (NIE).