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.
CONGRESSIONAL LETTERS OF SUPPORT
LEGAL ACTION IN RESPONSE TO PROCLAMATION
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)
FEDERAL PROCLAMATIONS AND NOTICES
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.
- Buy American, Hire American (BAHA) Executive Order
- BAHA Fact Sheet
- Fact Sheet on Exchange Visitor Program Provision in Fiscal Year 2021 Appropriations Bill
- EurekaFacts Summer Work Travel Report
LEGISLATION & CONGRESSIONAL LETTERS OF SUPPORT
- Letter to the Honorable Marie Royce – RE: Impact of appropriations directive with regard to SWT regulations
- Letter to House Committee on Appropriations supporting Exchange Visitor Program Provision in Fiscal Year 2020
- Letter to Senate Committee on Appropriations supporting Exchange Visitor Program Provision in Fiscal Year 2020
- Letter to House Committee on Appropriations supporting Exchange Visitor Program Provision in Fiscal Year 2019
- Letter to Senate Committee on Appropriations supporting Exchange Visitor Program Provision in Fiscal Year 2019
- Letter from Maryland businesses against MD Senate Bill 526
- Congressional letter to Office of Management and Budget Director Mick Mulvaney
- Letter to the Honorable Marie Royce – RE: Impact of the appropriations directive related to the Exchange Visitor Programs
- House Resolution 529 in Support of J-1 Visa Program
- Senate Resolution 357 in Support of International Exchange Programs
- Associations Letter to House Appropriations Subcommittee on State, Foreign Operations, and Related Programs (2017)
- Associations Letter to Senate Appropriations Subcommittee on State, Foreign Operations, and Related Programs (2017)
- Governor Sandoval (NV) Letter in support of J-1 Exchanges (2017)
- Associations Letter to State Department in Support of SWT (2017)
- Associations Letter to Sec. Ross in Support of SWT (2017)
- Sen. Tester (MT) Letter in support of SWT (2017)
- California Businesses Letter to Sen. Feinstein (2017)
- Maine Businesses Letter to Sen. Collins (2017)
- Wisconsin Businesses Letter to Sen. Johnson (2017)
- Governor Mead (WY) Letter in support of SWT (2017)
- Governor Sununu (NH) Letter in support of J-1 Exchanges (2017)
- State of Nevada: Governor Brian Sandoval (2017)
- Governor LePage (ME) Letter in support of SWT (2017)
- Governor Hogan (MD) Letter in support of SWT (2017)
- Senate letter (17 signatories) supporting Summer Work Travel (2017)
- House letter (33 signatories) supporting Summer Work Travel (2017)
- Rep. Scott Taylor (VA) letter supporting Summer Work Travel (2017)
- Letter from 163 former U.S. Ambassadors supporting international exchange programs
- Senate Resolution Recognizing International Exchange Programs (2017)