Important Updates
Important Updates
June 30, 2025 | United StatesUnited States: DHS Proposal to Replace Duration of Status Designation with Fixed Periods of Stay for F, J, and I Nonimmigrants Is Sent to OMB for Review
June 30, 2025 | Japan2025年6月 アメリカ移民法ダイジェスト
June 30, 2025 | Saudi Arabia, United Arab EmiratesArab News: Growing Saudi Film Industry Driving Job Creation, Economic Growth
June 30, 2025 | Costa RicaCosta Rica: Potential Fraud and Technical Issues with General Immigration Directorate’s Website May Cause Delays
June 30, 2025 | 🌐Minimum Salary Changes Announced
June 30, 2025 | United StatesUnited States: DHS Proposal to Replace Duration of Status Designation with Fixed Periods of Stay for F, J, and I Nonimmigrants Is Sent to OMB for Review
June 30, 2025 | Japan2025年6月 アメリカ移民法ダイジェスト
June 30, 2025 | Saudi Arabia, United Arab EmiratesArab News: Growing Saudi Film Industry Driving Job Creation, Economic Growth
June 30, 2025 | Costa RicaCosta Rica: Potential Fraud and Technical Issues with General Immigration Directorate’s Website May Cause Delays
June 30, 2025 | 🌐Minimum Salary Changes Announced
June 30, 2025 | United StatesUnited States: DHS Proposal to Replace Duration of Status Designation with Fixed Periods of Stay for F, J, and I Nonimmigrants Is Sent to OMB for Review
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationAustralian Immigration: New Skills in Demand Visa
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Australian Immigration: New Skills in Demand Visa

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
  • Insights

President Biden Revokes Immigrant Visa Ban Effective Immediately, But Hurdles Remain

February 25, 2021

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a Glance

  • President Biden has revoked the Trump-era ban on certain immigrant entries, effective immediately. The ban was set to expire on March 31, 2021.
  • The nonimmigrant ban affecting certain H-1B, H-2B, L-1 and J-1 visa categories remains in effect and is set to expire on March 31.
  • COVID-19 regional public health bans remain in effect for several countries and areas. Even if foreign nationals are no longer subject to the IV ban, they may need to apply for national interest exceptions to the regional COVID bans before they can be issued an immigrant visa.
  • Despite the lifting of the immigrant ban, U.S. consulates worldwide are likely to continue to experience backlogs in appointments and adjudications due to pent up demand and reduced consular operations in connection with COVID-19 public health measures.

The issue

President Biden has revoked a Trump-era presidential proclamation that suspended the entry of certain immigrants until March 31. The revocation takes effect immediately and consulates are permitted to resume processing affected immigrant visa applications. However, due to reduced consular operations worldwide and pent up demand, applicants are likely to see delays in appointment scheduling and adjudications for months to come. Further, many foreign nationals may need to qualify for exceptions to the regional COVID public health bans which remain in place for travel from a number of countries.

Background on immigrant visa ban

The immigrant visa ban affected employment-based, family-based and Diversity Lottery immigrant visas, with limited exceptions for U.S. lawful permanent residents; spouses of U.S. citizens; children under 21 of U.S. citizens and prospective adoptees in the IR-4 or IH-4 visa classifications; foreign nationals seeking to enter on an immigrant visa as a healthcare professional, as well as their spouse and unmarried children under 21; applicants for EB-5 immigrant visas; and those whose entry would be in the U.S. national interest. Other than these categories, no immigrant visas were permitted to be issued under the ban.

Implementation of ban revocation

Following President Biden’s revocation order, the State Department has issued guidance on how it will implement the rescission for applicants currently in the immigrant visa (IV) process and for those previously refused:

Not Yet Interviewed:  IV applicants who have not yet been interviewed or scheduled for an interview will have their applications processed according to existing COVID-19 consular operations frameworks, which could mean reduced visa services and prioritization of visa case types, depending on the post. Applicants may experience delays for these reasons.

Previously Refused:  IV applicants whose petitions remain valid and who were previously interviewed but refused visas due to the IV ban should wait for instructions from the U.S. embassy or consulate where they were interviewed. The Department of State has said it will reconsider these cases and will inform applicants if additional information is needed.

Diversity Visa (DV) 2020 Applicants:  Those holding diversity visas issued in 2020 that are still valid may seek entry to the United States immediately, despite the IV ban visa annotation. Individuals whose DV-2020 visas have expired may not be issued replacement visas. However, those who received diversity visas as a result of orders in the court case Gomez v. Trump may travel to the United States on an expired visa in compliance with the court order. The State Department warns, though, that the court order could still be changed or modified and therefore, these beneficiaries are encouraged to travel as soon as possible.  

Further, a national interest exception exists for DV applicants for the 2020 fiscal year who hold a valid immigrant visa and are subject to the regional COVID-19 public health bans. 

Diversity Visa 2021 Applicants:  DV applicants for the 2021 fiscal year (DV-2021) should wait to be notified of the scheduling of an interview in accordance with the phased resumption of visa services framework.

Regional COVID public health bans may still apply

Regional COVID public health bans remain in place for foreign nationals physically present in Brazil, China, Iran, Ireland, the Schengen Area, South Africa or the United Kingdom within 14 days of attempting entry to the United States. Spouses, children and certain other family members of U.S. citizens and lawful permanent residents are exempt from the regional bans on the basis of their family relationship, so applicants in these categories will not be subject to a regional ban. Other immigrant visa applicants who do not qualify for a separate exception from the regional bans, however, will need to apply for a national interest exception from the consulate in order to be issued a visa.

Nonimmigrant (H/L/J) visa ban

President Biden has left in place the nonimmigrant proclamation suspending the entry of foreign nationals in the H-1B, H-2B, L-1, and certain J-1 categories, as well as related categories for dependents, with exceptions. This ban is scheduled to expire on March 31, 2021; it is not expected to be extended. 

What is next?

Though U.S. consulates are no longer prohibited from issuing immigrant visas based on classification alone, consular operations worldwide remain reduced due to COVID-19 public health measures. Pent up visa demand exists due to these measures as well as from IV applications delayed or prevented by the travel ban, making visa application backlogs likely to continue. In addition, COVID regional public health bans remain in place and if applicable, must be overcome in order for a U.S. consulate to issue a visa. Applicants who are no longer subject to the immigrant ban may see their cases move forward, but should expect delays as consulates continue to phase in routine services and work through backlogs. Those previously refused under the IV ban should await further instruction from the U.S. consulate that handled their application.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Fragomen news

2025年6月 アメリカ移民法ダイジェストLearn more

Media mentions

Arab News: Growing Saudi Film Industry Driving Job Creation, Economic Growth

Partner Abeer Al Husseini highlights how Saudi Arabia’s growing film industry is creating jobs, attracting global talent and supporting economic diversification.

Learn more

Awards

Silicon Valley Business Journal Recognizes Partner Cindy Jen Among 2025 Women of Influence

Partner Cindy Jen is recognized as a 2025 “Woman of Influence” by the Silicon Valley Business Journal.

Learn more

Blog post

2025 LAR and Canada Immigration Trends: Balancing Control and Opportunity

This blog highlights the most significant immigration developments shaping Canada and Latin America in 2025. Drawing from Fragomen’s upcoming 2025 Regional Immigration Overviews—available mid-July—it provides actionable insights and strategic guidance to help businesses and individuals navigate the region’s dynamic immigration landscape.

Learn more

Media mentions

Global Mobility Lawyer: DOL Plans “Emergency Agency” to Approve H-2A Visas

Partner Rachel Beardsley highlights how employment-based immigration supports the US agricultural sector amid labor shortages and evolving policies.

Learn more

Media mentions

Global Mobility Lawyer: Middle East Tensions Show Importance of Caring for Mobile Talent

Partner Abeer Al Husseini shares how employers can support mobile talent through travel readiness, immigration awareness and a people-focused approach.

Learn more

Blog post

The EB-1C Green Card for Multinational Managers and Executives: Exploring Non-Traditional Pathways to Permanent Residency

Associate Whitney Luman discusses the EB-1C Green Card for multinational managers and executives, exploring non-traditional pathways to permanent residency.

Learn more

Video

Post-Graduation Work Permit (PGWP) | Staying in Canada Post-Graduation

Partner Jack Kim discusses one of many immigration pathways for staying in Canada post-graduation, the Post-Graduation Work Permit (PGWP).

Learn more

Blog post

A New Beginning: The Rise of Highly Skilled Visa and Digital Nomad Visa Options in APAC

Practice Leader Kate Praphakornphiphat, Senior Manager Amy Zhang, Immigration Program Manager Melissa Ngeow and Senior Knowledge Management Specialist Faye Amorado discuss the increasing popularity of highly skilled visas and digital nomad visas in the Asia-Pacific region.

Learn more

Fragomen news

Canada's Semiconductor Council: Strengthening Canada’s Semiconductor Talent Pipeline for Global Competitiveness

Partner Cosmina Morariu contributed to Canada’s Semiconductor Council 2025 Talent & Workforce Development report, highlighting immigration’s role in closing talent gaps.

Learn more

Awards

Fragomen Recognized with Community Service Award at Woori Center 2025 Gala

Fragomen was honored with the Community Service Award at the Woori Center 2025 Gala on June 21, 2025 in Philadelphia.

Learn more

Media mentions

People Management: How HR Can Prepare for the ETIAS Rollout

Manager Andreia Florina Ghimis explains how HR teams can prepare for the EU’s new ETIAS travel authorisation system by communicating changes, supporting employees and ensuring compliance.

Learn more

Fragomen news

2025年6月 アメリカ移民法ダイジェストLearn more

Media mentions

Arab News: Growing Saudi Film Industry Driving Job Creation, Economic Growth

Partner Abeer Al Husseini highlights how Saudi Arabia’s growing film industry is creating jobs, attracting global talent and supporting economic diversification.

Learn more

Awards

Silicon Valley Business Journal Recognizes Partner Cindy Jen Among 2025 Women of Influence

Partner Cindy Jen is recognized as a 2025 “Woman of Influence” by the Silicon Valley Business Journal.

Learn more

Blog post

2025 LAR and Canada Immigration Trends: Balancing Control and Opportunity

This blog highlights the most significant immigration developments shaping Canada and Latin America in 2025. Drawing from Fragomen’s upcoming 2025 Regional Immigration Overviews—available mid-July—it provides actionable insights and strategic guidance to help businesses and individuals navigate the region’s dynamic immigration landscape.

Learn more

Media mentions

Global Mobility Lawyer: DOL Plans “Emergency Agency” to Approve H-2A Visas

Partner Rachel Beardsley highlights how employment-based immigration supports the US agricultural sector amid labor shortages and evolving policies.

Learn more

Media mentions

Global Mobility Lawyer: Middle East Tensions Show Importance of Caring for Mobile Talent

Partner Abeer Al Husseini shares how employers can support mobile talent through travel readiness, immigration awareness and a people-focused approach.

Learn more

Blog post

The EB-1C Green Card for Multinational Managers and Executives: Exploring Non-Traditional Pathways to Permanent Residency

Associate Whitney Luman discusses the EB-1C Green Card for multinational managers and executives, exploring non-traditional pathways to permanent residency.

Learn more

Video

Post-Graduation Work Permit (PGWP) | Staying in Canada Post-Graduation

Partner Jack Kim discusses one of many immigration pathways for staying in Canada post-graduation, the Post-Graduation Work Permit (PGWP).

Learn more

Blog post

A New Beginning: The Rise of Highly Skilled Visa and Digital Nomad Visa Options in APAC

Practice Leader Kate Praphakornphiphat, Senior Manager Amy Zhang, Immigration Program Manager Melissa Ngeow and Senior Knowledge Management Specialist Faye Amorado discuss the increasing popularity of highly skilled visas and digital nomad visas in the Asia-Pacific region.

Learn more

Fragomen news

Canada's Semiconductor Council: Strengthening Canada’s Semiconductor Talent Pipeline for Global Competitiveness

Partner Cosmina Morariu contributed to Canada’s Semiconductor Council 2025 Talent & Workforce Development report, highlighting immigration’s role in closing talent gaps.

Learn more

Awards

Fragomen Recognized with Community Service Award at Woori Center 2025 Gala

Fragomen was honored with the Community Service Award at the Woori Center 2025 Gala on June 21, 2025 in Philadelphia.

Learn more

Media mentions

People Management: How HR Can Prepare for the ETIAS Rollout

Manager Andreia Florina Ghimis explains how HR teams can prepare for the EU’s new ETIAS travel authorisation system by communicating changes, supporting employees and ensuring compliance.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.