District Court Enjoins Visa Ban for Named Plaintiffs; DOS Will Issue Guidance

October 7, 2020

A U.S. District Court has issued an injunction preventing the government from implementing the nonimmigrant visa ban for H-1Bs, H-2Bs, L-1s and J-1s and their dependents, which was part of the Presidential Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak. This injunction only applies to named plaintiff groups and is not a nationwide injunction.

The named plaintiffs include the National Association of Manufacturers, the Chamber of Commerce of the U.S.A., the National Retail Federation, Technet and Intrax, Inc.

Following the injunction, the Department of State announced the Presidential Proclamation “will not be taken into account in making emergency appointments. DOS is in the process of updating guidance on individual embassy and consulate websites.”

Even with the injunction, eligible individuals who seek to re-enter the U.S. or wish to apply for a nonimmigrant visa stamp may still encounter travel restrictions due to COVID-19 and limited consular office operations. 

A detailed description of the District Court’s findings which led to the injunction can be found here.