Legal Action in Response to Visa Non-processing

Kinsley et. al. vs. Blinken – Amended Complaint

Presidential Proclamation 10052 on J-1 visas (2020-2021)

On June 22, 2020, the Trump Administration issued a proclamation suspending some nonimmigrant visas effective June 24 through December 31, 2020, with the possibility of continuation. Potential modifications may also be periodically recommended throughout its effective period. The executive action suspends certain categories of BridgeUSA programs. Section 2(b) of the proclamation details the J-1 visa suspensions, specifically for intern, trainee, teacher, camp counselor, au pair, and summer work travel programs.

In early October 2020, the U.S. District Court for Northern District of California issued a preliminary injunction in the matter titled NAM v. US Dept. of Homeland Security (“NAM”), barring the Administration from implementing the June 22 proclamation with regard to the Plaintiffs and the members of the Plaintiff associations.

On December 31, 2020, the Trump Administration extended the proclamation through March 31, 2021.The Biden Administration reaffirmed on February 24 that its revocation of Proclamation 10014 does not impact P. 10052, which was left intact. P. 10052 is still set to expire at the end of March.

The Alliance opposed the inclusion of BridgeUSA programs in this proclamation and worked on many efforts to save these important international exchange programs. BridgeUSA is an important cultural exchange program, not a work program, and should not be included in any actions suspending employment-based immigration.

We support the U.S. Department of State taking into consideration the situation on the ground in the United States and abroad when it decides how to enable international exchange programs. Decisions about travel from countries abroad and the viability of programs here in the United States should continue to be tied to how those respective areas are dealing with COVID-19.

For the latest news articles on the Presidential proclamation and the international exchange community, visit the In the News section of our website.

RESOURCES

Alliance press release on expiration of P. 10052 (4/1/21)

Alliance fact sheet on P. 10052

National Business Survey Fact Sheet: Economic Impact of the J-1 Exchange Visitor Program Reduction

Exchange community letter with 387 signers to President-Elect Biden (1/14/21)

44 former U.S. Ambassadors letter to White House (7/20/20)

Exchange community letter with 874 signers to the White House (7/2/20)

Write a letter to the White House

Write a letter to Congress

Alliance press release (6/22/20)

 

CONGRESSIONAL LETTERS OF SUPPORT

Senate letter to President Biden urging the rescission of P. 10052 (3/17/21)

Congressional letter to President Donald J. Trump on the J-1 Visa Teacher Exchange Program (9/16/20)

Congressional House letter to the White House supporting the J-1 Exchange Visitor Program (9/16/20)

 

LEGAL ACTION IN RESPONSE TO PROCLAMATION

U.S. Court of Appeals for the Ninth Circuit order granting indefinite postponement of appeal hearing (2/11/21)

U.S. District Court for Northern District of California clarifying order on preliminary injunction in National Association of Manufacturers, et al. v. U.S. Department of Homeland Security, et al. (11/18/20)

U.S. Department of State: Court Order regarding Presidential Proclamation 10052 (10/09/20)

U.S. District Court for Northern District of California ruling on preliminary injunction in National Association of Manufacturers, et al. v. U.S. Department of Homeland Security, et al. (10/1/20)

U.S. District Court for the District of Columbia ruling on preliminary injunction in Gomez, et al. v. Trump, et al. (9/4/20)

Administration’s opposition brief to CA case National Association of Manufacturers, et al. v. U.S. Department of Homeland Security, et al. (8/19/20)

Amicus brief with 104 signatories supporting J-1 programs in CA case National Association of Manufacturers, et al. v. U.S. Department of Homeland Security, et al. (8/11/20)

Amicus brief with 104 signatories supporting J-1 programs in DC case Gomez, et al. v. Trump, et al. (8/11/20)

Amicus brief from leading companies and business organizations in support of CA case National Association of Manufacturers, et al. v. U.S. Department of Homeland Security, et al. (8/10/20)

Amicus brief from 23 State Attorneys General in support of DC case Gomez, et al. v. Trump, et al. (8/07/20)

National Association of Manufacturers, et al. v. U.S. Department of Homeland Security, et al. (7/21/20)

Gomez, et al. v. Trump, et al. (7/17/20)

 

FEDERAL PROCLAMATIONS AND NOTICES

U.S. Department of State: Update on Presidential Proclamation 10052 (4/1/21)

U.S. Department of State: National Interest Exceptions for Certain Travelers from the Schengen Area, United Kingdom, and Ireland (3/2/21)

U.S. Department of State: National Interest Exceptions to Presidential Proclamation 10052 Suspending the Entry of Nonimmigrants (2/24/21)

U.S. Department of State: Extension of Presidential Proclamation 10052 (2/24/21)

U.S. Department of State: Rescission of Presidential Proclamation 10014 (2/24/21)

Forbes: Trump ignores jobs data to extend H-1B visa and immigration bans (1/1/21)

Extension of Presidential proclamations suspending several immigrant and nonimmigrant visas (12/31/20)

U.S. Department of State: National Interest Exceptions for Certain Travelers from the Schengen Area, United Kingdom, and Ireland (10/01/20)

U.S. Department of State: Frequently Asked Questions on J Visa Processing (9/15/20)

U.S. Department of State: National Interest Exceptions to Presidential Proclamations Suspending the Entry of Immigrants and Nonimmigrants (8/12/20)

U.S. Department of State: Presidential Proclamation suspending nonimmigrant visas (6/22/20)

Presidential proclamation suspending nonimmigrant visas (6/22/20)

FT: White House weighs tougher visa restrictions for foreign workers (6/18/20)

WSJ: Trump Administration considers Suspending H-1B, Other Visas Through the Fall (6/11/20)

Presidential proclamation suspending immigration (4/22/20)

Buy American, Hire American (BAHA) Executive Order (2017)

On April 18, 2017, President Trump signed a “Buy American, Hire American” Executive Order (EO), which focused primarily on strengthening the “Buy American” policies of the U.S. government and reforming the H-1B skilled worker visa program. The Administration made it clear that they envisioned the EO as part of a larger immigration reform effort. As a result, it was reported that senior Administration staff intended to significantly cut J-1 visas as a part of BAHA EO implementation, despite it never specifically mentioning J-1 visa programs.

However, Congress sent strong signals regarding its willingness to protect these valuable international exchange programs through initiatives in both the Senate and the House. These measures included a Senate Appropriations Committee directive in the form of a Fiscal Year 2018 Department of State, Foreign Operations, and Related Programs appropriations bill amendment [Sec. 7034(d)(5)] and House Resolution 529. Both had strong bipartisan support in their respective chambers. The appropriations directive, included in Fiscal Years 2018, 2019, and 2020 enacted bills, reflected strong Congressional support for exchange programs that are vital to U.S. national security and economy.

LEGISLATION & CONGRESSIONAL LETTERS OF SUPPORT

2019

2018

2017