PATHWAYS FOR H-1B; H-2B; L-1 and J-1 VISA STAMPS

A court ruling on Oct 01, 2020 by Judge Jeffrey S. White of the U.S. District Court for Northern District of California has opened a visa pathway for temporary workers and their employers.

 

On June 22, 2020 U.S President issued a Presidential Proclamation 10052 (“Visa Ban”) which suspended the issuance of four types of visas: H-1B; H-2B; L-1 and J-1, and also prohibited the admission into the U.S. until at least December 31, 2020 of persons subject to this Visa Ban

 

The U.S. District Court for the Northern District of California upheld a legal challenge to this Visa Ban filed by Certain plaintiffs The referenced association plaintiffs had filed the lawsuit on behalf of their association members claiming that the Proclamation exceeded the President’s authority and that it violated the Administrative Procedures Act (APA). 

Now that the federal court in California has enjoined this Ban, members of the plaintiff associations can benefit from the injunction. This means if an employer can show it is a member of one of these associations, or becomes a member of one of them, it can argue that the injunction applies both (a) when its employees apply for a visa abroad in one of these categories, and (b) when seeking to enter the U.S. in one of these otherwise banned visa categories.

Joining a Plaintiff association is a straightforward matter. For example, a company can join the American Chamber of Commerce by paying a fee of $250. U.S. Consulates should honor proof of membership in a plaintiff association in considering visa applications for one of these impacted visa categories.