By Esq. Shira Klein and Esq. Cindy Azoulay (Head of US Department) |
There are 3 weeks left until the inauguration of the Biden administration. While there are numerous positive changes to the US immigration system which are anticipated, we are facing the last attempt by the Trump administration to inhibit corporate relocation.
Extension of Proclamation until March 31, 2021.
The Presidential Proclamation which suspended the entry of foreign nationals on certain employment-based nonimmigrant visas into the United States has been extended to March 31, 2021.
Who does this Proclamation effect?
The proclamation refers to the following relevant categories:
- H-1B visa holders and dependent H-4 visa
- J-1 visa and dependent J-2 visa for interns, trainees, teachers, camp counselors, au pairs, or summer work travel program;
- L-1 (L-1A and L-1B) visa and a dependent L-2 visa.
However, there are numerous exceptions which have become available which if applicable, allow the visa applicants to undergo Embassy visa processing.
How do I know if I qualify for an exception:
- The spouse of a US citizen or green card holder;
- The proposed position is essential to the U.S. food supply chain;
Entry to the US would be in the national interest, such as services are critical to defense, diplomacy or national security, related to the combat of COVID-19, or will aide in economic recovery.
It is also possible to qualify if the US company is a member or joins the US Chamber of Commerce.
What does this mean?
It is important to work with immigration counsel in understanding if you qualify and how then to apply for your visa at the US Embassy. Note as well that this limitation will end as of March 31, 2021.
Good News = E-1/E-2 Israel Embassy Processing
The U.S. Embassy Branch Office in Tel Aviv has begun to phase in the return to routine visa services. It is now possible to submit applications for new and extended company registrations for the E-1 and E-2 visa classification. The company application must also include a qualified employee.