Rescission of Presidential Proclamation 10014: FAQs-February 25, 2021
On December 31, 2020, former President Trump signed a Presidential Proclamation on Suspension of Entry of Immigrants and Nonimmigrants Who Continue to Present a Risk to the United States Labor Market. Although this proclamation extended Presidential Proclamations (P.P.) 10014 and 10052 through March 31, 2021, President Biden rescinded P.P. 10014 on February 24, 2021. P.P. 10014 suspended the entry to the United States of certain immigrant visa applicants, while P.P. 10052 suspends the entry to the United States of certain nonimmigrant visa applicants who present a risk to the U.S. labor market during the economic recovery following the novel coronavirus outbreak. Specifically, the suspension in P.P. 10052 applies to applicants for H-1B, H-2B, and L-1 visas; J-1 visa applicants participating in the intern, trainee, teacher, camp counselor, au pair, or summer work travel programs; and any spouses or children of covered applicants applying for H-4, L-2, or J-2 visas.
For further information on the rescission of P.P. 10014, please see https://travel.state.gov/content/travel/en/News/visas-news/rescission-of-presidential-proclamation-10014.html
Q: Is Presidential Proclamation (PP) 10014 still in effect?
A: President Biden rescinded PP 10014, entitled “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak,” on February 24, 2021.
Q. I believe I qualify for an immigrant visa that was previously restricted due to PP10014, but I would be traveling from a country subject to a regional COVID visa restriction. What should I do?
A: Immigrant visa applicants who are spouses or children of U.S. citizens or Lawful Permanent Residents (IR/CR-1, IR/CR-2, IR/IH-3, IR/IH-4, and F2A) are excepted from the geographic COVID-19 PPs and will be scheduled for an interview appointment according to our phased resumption of visa services framework.
All other immigrant visa applicants and K fiancé nonimmigrant visa applicants remain subject to these geographic COVID-19 PPs unless another exception applies.
Applicants in a country under a regional COVID-19 visa restriction should check the website of the nearest embassy or consulate for further details.
Q: My immigrant visa application was refused because of PP10014. What should I do?
A: Immigrant visa applicants whose petitions remain valid and who were previously interviewed but refused visas due to P.P. 10014 should wait for instructions from the U.S. embassy or consulate where they were interviewed. The Department of State will reconsider cases that were previously refused because of P.P. 10014 and will inform applicants if additional information is needed.
Q: I have been waiting for an immigrant visa appointment. What should I do?
A: Immigrant visa applicants who haven’t been interviewed or scheduled for an interview will have their applications prioritized and processed according to our existing phased resumption of visa services framework: https://travel.state.gov/content/travel/en/us-visas/immigrate/national-visa-center/immigrant-visas-processing-general-faqs.html#ivp7.
Q. How are immigrant visa applications being prioritized?
A: Posts that process immigrant visa applications are prioritizing the visa categories below after meeting demand for services to U.S. citizens and as resources and post-specific conditions allow: Immediate Relative family members of U.S. citizens including intercountry adoptions (IR/CR1, IR/CR2, IR/IH-4); Fiancés of U.S. citizens (K visas); and Certain Special Immigrant Visa applications.
Q: I received a Diversity Visa (DV) and I have a valid visa. Can I travel to the United States?
A: DV applicants for the 2020 fiscal year (DV2020) who hold a valid immigrant visa have been granted a national interest exception to the geographic COVID-19 Presidential Proclamations and may seek entry to the United States, despite the visa annotation “Entry Subject to PP 10014.”
Q. I was issued a Diversity Visa, but my visa expired and I was not able to travel to the United States. What can I do?
A: Individuals whose DV2020 visas have expired may not be issued replacement visas. However, individuals who received diversity visas in 2020 as a result of orders in the court case Gomez v. Trump may travel to the United States on an expired visa as the court ordered the government to treat these visas as though they were issued on the date P.P. 10014 was rescinded.
Q. I was selected for DV2020 but was unable to schedule my interview. Can I schedule an interview?
A: Unfortunately, no. DV2020 applicants who were refused because of PP 10014 will not be interviewed, scheduled, or reconsidered for visas, as those applicants were only eligible for issuance of a visa through the end of the 2020 fiscal year, which ended on September 30, 2020.
Q: I was refused a Diversity Visa because of PP 10014. Can I re-apply for a visa under the DV2020 program?
A: Unfortunately, no. DV2020 applicants who were refused because of PP 10014 will not be interviewed, scheduled, or reconsidered for visas, as those applicants were only eligible for issuance of a visa through the end of the 2020 fiscal year, which ended on September 30, 2020. You may apply to be selected for a future Diversity Visa program.
Q. I was selected for DV 2021. Can I schedule my interview?
A: DV applicants for the 2021 fiscal year should wait for a notification of interview appointment as embassies and consulates are able to accommodate such scheduling according to our existing phased resumption of visa services framework.