Presidential Proclamations restricting the entry of immigrants and nonimmigrants, and Exceptions*

No. Your travel is prohibited under PP 9993.

You will not be able to apply for a visa and travel to the United States from Spain until routine visa processing resumes and PP 9993 is lifted.

Yes, you may. Make sure you look at that specific country’s restrictions before scheduling your trip to the United States.

Every U.S. Consulate will have their own procedure to request an exception. Please follow the instructions listed on their website and make sure to document such dire situation. You can find US consulate and embassy websites at travel.state.gov

Every U.S. Consulate will have their own procedure to request such exception. Please follow the instructions listed on their website. Most US consulate will require that you include documentation from a United States entity (vendor, client, affiliate, etc.) detailing the intended activity and quantifying the economic benefit. Please note that the criteria for exceptions in these categories is quite strict. It is intended that these exceptions be rarely granted.

Yes. The U.S. Consulate will grant you the National Interest Exception in conjunction with your E-2 visa and an annotation will be added to your actual visa stamp, that way you will not have any issues entering the United States.

No. Unless you are granted a national interest exception by the DOS, you may not as you would be departing from a country banned by the proclamations during the 14 days prior to your entry or attempted entry in the United States.

Yes. You may travel to the United States. Present yourself to the airport earlier than normal and explain that you are “excepted by virtue of having a valid student visa”. On July 22, 2020 DOS clarified this fact.

If you are applying for a student (F1 or M1) visa or an academic/research exchange (J1) visa, please apply on the U.S. Consulate online system to complete the application form, pay your fee, and set an appointment date (if available). Those applicants who are found to be otherwise qualified for an F-1, M-1 or J-1 visa will automatically be considered for a national interest exception to travel. On July 22, 2020 DOS clarified this fact.

Yes, just present yourself at the airport with your marriage certificate and proof of your spouse’s US citizenship.

Yes. Just present yourself at the airport with your children’s birth certificates and proof of their U.S. citizenship.

Yes. You may schedule an interview through the U.S. Consulate appointment website. Check If box 4 of your DS-2019 indicates that you are coming under any of those categories.

More than likely. If resuming work in the H or L category with the same employer/same company, you should obtain a national interest exception from the U.S. Consulate. The DOS issued some guidance on August 12, 2020 clarifying the national interest exception. Visit the official page of the U.S. Department of State for a more detailed non-exhaustive list of exceptions to PP 10052 contemplated by DOS

Yes, more than likely. The DOS clarified on August 12, 2020 that: Travel by a senior level executive or manager filling a critical business need of an employer meeting a critical infrastructure need. Critical infrastructure sectors include chemical, communications, dams, defense industrial base, emergency services, energy, financial services, food and agriculture, government facilities, healthcare and public health, information technology, nuclear reactors, transportation, and water systems. An L-1A applicant falls into this category when at least two of the following three indicators are present AND the L-1A applicant is not seeking to establish a new office in the United States:

1. Will be a senior-level executive or manager;
2. Has spent multiple years with the company overseas, indicating a substantial knowledge and expertise within the organization that can only be replicated by a new employee within the company following extensive training that would cause the employer financial hardship; or
3. Will fill a critical business need for a company meeting a critical infrastructure need.

L-1A applicants seeking to establish a new office in the United States likely DO NOT fall into this category, unless two of the three criteria are met AND the new office will employ, directly or indirectly, five or more U.S. workers.

Yes, more than likely. The DOS clarified that in these circumstances, the consular officer may determine that an L-1B applicant falls into this category if all three of the following indicators are present:

1. The applicant’s proposed job duties and specialized knowledge indicate the individual will provide significant and unique contributions to the petitioning company;
2. The applicant’s specialized knowledge is specifically related to a critical infrastructure need; AND
3. The applicant has spent multiple years with the company overseas, indicating a substantial knowledge and expertise within the organization that can only be replicated by a new employee within the company following extensive training that would cause the employer financial hardship.

Yes, more than likely. DOS has found that this situation would be considered in the national interest provided the child is a U.S. citizen, LPR, or nonimmigrant in lawful status and that the child’s medical issues are diagnosed by a qualified medical professional. Also, the au pair must possess the skills to care for such child (medical, special education or sign language).

Yes, that is a national interest exception considered by DOS.

Very possibly. The DOS has issued updated guidelines in the NIE for H1B applicants.
Travel by technical specialists, senior level managers, and other workers whose travel is necessary to facilitate the immediate and continued economic recovery of the United States. Consular officers may determine that an H-1B applicant falls into this category when at least two of the following five indicators are present:

1. The petitioning employer has a continued need for the services or labor to be performed by the H-1B nonimmigrant in the United States. The Labor Condition Applications (LCAs) should be approved by DOL during or after July 2020. For LCAs approved by DOL before July 2020, this indicator is only met if the consular officer can determine from the visa application the continuing need of petitioned workers with the U.S. employer. Regardless of when the LCA was approved, if an applicant is currently performing or can perform the essential functions of the position for the prospective employer remotely from outside the United States, then this indicator is not present.

2. The applicant’s proposed job duties or position within the petitioning company indicate the individual will provide significant and unique contributions to an employer meeting a critical infrastructure need. Critical infrastructure sectors are chemical, communications, dams, defense industrial base, emergency services, energy, financial services, food and agriculture, government facilities, healthcare and public health, information technology, nuclear reactors, transportation, and water systems.

   Employment in a critical infrastructure sector alone is not sufficient; the consular officers must establish that the applicant holds one of the two types of positions noted below:

   • Senior level placement within the petitioning organization or job duties reflecting performance of functions that are both unique and vital to the management and success of the overall business enterprise; OR
   • The applicant’s proposed job duties and specialized qualifications indicate the individual will provide significant and unique contributions to the petitioning company.
3. The wage rate paid to the H-1B applicant meaningfully exceeds the prevailing wage rate by at least 15 percent (see Part F, Questions 10 and 11 of the LCA). When an H-1B applicant will receive a wage that meaningfully exceeds the prevailing wage, it suggests that the employee fills an important business need where an American worker is not available.
4. The H-1B applicant’s education, training and/or experience demonstrate unusual expertise in the specialty occupation in which the applicant will be employed.  For example, an H-1B applicant with a doctorate or professional degree, or many years of relevant work experience, may have such advanced expertise in the relevant occupation as to make it more likely that he or she will perform critically important work for the petitioning employer.
5. Denial of the visa pursuant to P.P. 10052 will cause financial hardship to the U.S. employer. The following examples, to be assessed based on information from the visa application, are illustrative of what may constitute a financial hardship for an employer if a visa is denied: the employer’s inability to meet financial or contractual obligations; the employer’s inability to continue its business; or a delay or other impediment to the employer’s ability to return to its pre-COVID-19 level of operations.

For a non-exhaustive list of exceptions to PP 10052 contemplated by DOS, please visit: https://travel.state.gov/content/travel/en/News/visas-news/exceptions-to-p-p-10014-10052-suspending-entry-of-immigrants-non-immigrants-presenting-risk-to-us-labor-market-during-economic-recovery.html