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Exceptions to Proclamations by the President – Department of State Guidance Us Immigration

On July 16, 2020, the State Department made available updated information on the availability of exceptions as of June 22 Proclamation of the President 10052that stretches Proclamation 10014 until December 31, 2020.

Some travelers and visa applicants affected by the proclamation may be eligible for an exception if the purpose of their trip to the United States is for humanitarian, public health, or national security reasons. Other exceptions are: (1) Applicants who have to age due to their current immigration visa status; (2) certain applicants for H and J visas traveling to the United States to work for a critical US foreign policy; and (3) applicants’ relatives who are exempt from or not subject to the proclamations.

Applicants for H, L and J visas can apply to the various proclamations of the President (PP 9993, PP 9996 and PP 10052) for a national interest exemption if they meet the following criteria:

For H-1B visas:

  • The applicant is a healthcare professional or health care professional or researcher traveling to mitigate the effects of the COVID-19 pandemic or to conduct ongoing medical research in an area of ​​significant public health benefit.
  • Travel is supported by a request from a U.S. government agency to achieve critical U.S. foreign policy goals or to meet contractual or contractual obligations.

For H2B visas:

  • Travel is supported by a request from a U.S. government agency to achieve critical U.S. foreign policy goals or to meet contractual or contractual obligations.

For J1 visas:

  • The purpose of the trip is to look after a minor US citizen, LPR or non-immigrant with legal status through an au pair who has special skills that are required for a child with special needs. Also excluded is an au pair’s trip, which prevents a US citizen, LPR or other non-immigrant with legal status from becoming a public health fee.
  • The purpose of the trip is to provide childcare services to a child whose parents are involved in the medical care of people who have commissioned COVID-19 or medical research in a facility in the United States.
  • The applicant is part of an exchange program that was implemented under a letter of intent, letter of intent, or other valid agreement between a foreign government and the United States government (federal, state, or local) if the agreement was in effect before the effective date the proclamation.
  • The applicant is an intern or trainee in a program sponsored by a U.S. government agency (with a program number that begins with “G-3” on Form DS-2019).
  • The applicant is a specialized teacher at an accredited educational institution with a program number that begins with “G-5” on form DS-2019.
  • The applicant is an exchange visitor who takes part in an exchange program that fulfills critical and time-critical foreign policy goals.

For L1 visas:

  • The applicant is a healthcare professional or health care professional or researcher traveling to mitigate the effects of the COVID-19 pandemic or to conduct ongoing medical research in an area of ​​significant public health benefit.

For H4, L2 and J2 visas:

  • The State Department will continue to issue visas to otherwise qualified applicants for H, L and J derivatives who will accompany or follow a lead applicant who is exempt from or not subject to the proclamations. An exception is also available if the lead applicant is currently in a valid status in the United States.

Travelers who believe they are qualified for an exception of national interest can apply for a visa. A decision is made at the time of the interview. Applicants should provide a description of the particular circumstances of their trip and documentation to demonstrate that they are qualified for the exception.

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