Court Ruling Opens the Possibility of New H-1B Visa Applications
Update: On December 31, 2020, President Trump extended Presidential Proclamation 10014 and 10052 until March 31, 2021. Presidential Proclamation 10052 specifically applies to H-1B beneficiaries and their ability to apply for a new H-1B visa. There are possible exceptions to the ban. Please contact your ISSS immigration advisor for details.
A court order that prevents enforcement of Presidential Proclamation 10052 does not apply to H-1B employees who are employed at CU Boulder. The ruling only applies to H-1B beneficiaries who are employed by employers who the Department of State can confirm are members of the US Chamber of Commerce. CU Boulder is not a member of the US Chamber of Commerce; therefore, H-1B employees at CU Boulder do not qualify for a new H1-B visa based on membership in the US Chamber of Commerce.
The update above corrects the previously reported information below:
The ruling in a recent court case against Presidential Proclamation 10052 (Please read the ISSS Immigration Alert from June 22, 2020 for more information about the proclamation and who it impacts.) prevents the enforcement of that proclamation; however, the ruling only applies to employees of employers who are members of the associations who filed the court case. The U.S. Chamber of Commerce is one of the organizations who filed the court case. CU Boulder is a member of the Denver Chamber of Commerce, which is a member of the U.S. Chamber of Commerce. Therefore, ISSS believes the ruling applies to CU Boulder employees who are subject to the presidential proclamation, and they may now be eligible to apply for H-1B visas.
Please note, however, that the court case and associated guidance are recent and U.S. Department of State guidance has changed frequently over time. The U.S. Department of State may issue new guidance that disagrees with the University’s interpretation and the University cannot guarantee that the U.S. Department of State will schedule a visa appointment.
The U.S. Department of State, which oversees visa services abroad, has recognized the ruling and provided guidance on how to demonstrate, to the U.S. embassy or consulate, that an employer is a member of an association who filed the court case. Individuals subject to the proclamation applying for a H-1B visa must provide a letter issued by their employer’s association named in the court case. Please contact ISSS to obtain this necessary letter. Please do not contact the Denver or U.S. Chamber of Commerce directly.
Prior to making plans to apply for a visa and travel to the U.S., please note the These travel restrictions remain in effect and are not affected by the court ruling noted above. National Interest Exceptions to the travel restrictions are a possibility for certain individuals coming from the Schengen Area of the EU, the UK, and Ireland. Individuals travelling from those countries must confer with the U.S. embassy or consulate where they will apply for their H-1B visa to inquire about the process of applying for the exception.