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.
