Client Alerts

July 22, 2020

The U.S. Department of State Exempts Certain Health Care Professionals and Students from COVID-19 Travel Bans

July 22, 2020 – On June 22, 2020, the President signed Presidential Proclamation (P.P.) 10052, which suspended the entry to the United States of certain nonimmigrants, including H-1B, L-1, and J visa holders. In a statement posted on July 17, 2020, the Department of State (DOS) announced exemptions from the ban for certain H, L, and J visa holders, including:

H-1B visa holders traveling to the U.S. as public health or health care professionals or researchers to alleviate the effects of the COVID-19 pandemic, or to conduct ongoing medical research in an area with a substantial public health benefit (e.g. cancer or communicable disease research). This includes those traveling to alleviate effects of the COVID-19 pandemic that may be a secondary effect of the pandemic (e.g., travel by a public health or health care professional or researcher in an area of public health or health care that is not directly related to COVID-19, but which has been adversely impacted by the COVID-19 pandemic).
L-1 visa holders who travel as public health or health care professionals or researchers to alleviate the effects of the COVID-19 pandemic, or to conduct ongoing medical research in an area with a substantial public health benefit. This includes those traveling to alleviate effects of the COVID-19 pandemic that may be a secondary effect of the pandemic.
H-4, L-2 and J-2 visa holders who will accompany or follow to join a principal applicant who are the spouses or parents and who are not subject the June 22 proclamation (including those that have been granted a national interest exception). This exception can be extended to derivative applicants when the principal is currently in the United States or has a valid visa.

The full list of exceptions is available on the DOS website. DOS advises that travelers who believe their travel falls into one of these categories or is otherwise in the national interest may request a visa appointment at the closest U.S. Embassy or Consulate, and a decision will be made at the time of interview. Travelers are encouraged to refer to the U.S. Embassy/Consulate website for detailed instructions on what services are currently available and how to request an appointment.

The DOS will continue to issue H-4, L-2, and J-2 visas to otherwise qualified derivative applicants who qualify for a national interest exception, such as those seeking to join a principal applicant currently in the United States.

The DOS also announced that students traveling from the Schengen Area, the UK, and Ireland with valid F-1 and M-1 visas, do not need to seek a national interest exception to travel. Students from those areas who are traveling on a J-1 may contact the nearest embassy or consulate to initiate an exception request.

Ulmer’s Immigration Law Group is closely monitoring these developments and is prepared to support you and your organization with your business needs. Please reach out to our immigration attorneys if you have any questions.

The information provided in this client alert speaks only to the information and guidance we have available as of the date of publication and is subject to change. We will continue to follow further issued guidance and regulations and endeavor to post those updates via our website. Please continue to follow these updates at ulmer.com. This legal update was created by Ulmer & Berne LLP, and is not intended as a substitute for professional legal advice. Receipt of this client alert, by itself, does not create an attorney client relationship. For any questions, or for further information, please contact David W. Leopold at dleopold@ulmer.com.