Federal Court Blocks U.S. Visa Ban on Temporary Foreign Workers

On October 1, 2020, a federal district court blocked enforcement of Presidential Proclamation 10052 (PP 10052) issued in June 2020, which suspends the entry of temporary foreign workers in certain visa categories, including many H, L, and J visa applicants.  The court found that PP 10052 exceeded the President’s authority and unlawfully invalidated significant portions of the Immigration and Nationality Act.  The impact of the ruling is currently limited to the plaintiffs who filed suit and the members of their respective organizations.  Plaintiffs include the National Association of Manufacturers, the Chamber of Commerce of the United States, the National Retail Federation, and others.

Impact on Foreign Workers

While the court’s injunction remains in place, visa applicants sponsored by plaintiffs or their member organizations are not subject to the PP 10052 entry bans on work visa categories.  However, visa applicants may still be subject to regional travel bans restricting travel to the U.S. from designated countries pursuant to other proclamations, and consular operations may be impacted by local COVID-related public health measures.  For more information regarding coronavirus-related travel bans, please see Gibney’s Immigration Updates and FAQs.

Looking ahead, the Trump Administration may appeal the court’s decision.  If the injunction remains in place or is expanded in scope by other rulings, the U.S. Department of State is likely to issue additional guidance regarding consular processing for visa applications.

Temporary visa holders should consult with immigration counsel prior to departing the U.S., seeking entry to the U.S. or applying for a visa. International travel carries risks related to COVID-19, and immigration policies are subject to change with little notice.

The case is National Association of Manufacturers, et. al. v. United States Department of Homeland Security, et. al. (U.S. District Court Northern District of California Case 4:20-cv-04887-JSW).

For additional information, please contact your designated Gibney representative or email info@gibney.com.