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District Court Halts Proclamation Suspending Entry for Some Nonimmigrants

Posted October 8, 2020Kristen Kellar - Sr. Paralegal - Team LeadArticles

 

On October 1, 2020, a U.S. District Court judge issued a preliminary injunction in regards to Proclamation 10052, which suspended the entry of certain nonimmigrant foreign nationals. The injunction specifically related to the plaintiffs in the case, NAM v. DHS, and their members, which include the National Association of Manufacturers, the U.S. Chamber of Commerce, the National Retail Federation, Technet, and Intrax.

Background

The Presidential Proclamation extended the ban on green cards issued at consulates and suspended the entry to the United States of foreign nationals of certain visa categories, including H-1B, H-2B, and L-1 visa; J-1 visa applicants participating in the intern, trainee, teacher, camp counselor, au pair, or summer work travel programs; and any spouses or children covered applicants applying for H-4, L-2, or J-2 visas. In August, the Department of State issued a clarification on who specifically the Proclamation applied to.

What has Changed

Under the injunction, the government cannot enforce the Proclamation against the plaintiffs and their members. As a result, it cannot deny the processing or issuance of affected members in the H, J, and L visa categories, who would have been eligible for visa processing or issuance.

Our Recommendations

If your business is a member of one of the Plaintiffs or if you have any questions about the injunction, please reach out to your designated Meltzer Hellrung attorney or consultations@meltzerhellrung.com.