Important Updates
Important Updates
October 15, 2025 | New ZealandNew Zealand: Temporary Process Implemented to Manage Employer Updates After Sale/Restructure
October 15, 2025 | United KingdomArts Professional: Creative Sector Must ‘Come Together’ to Give Artists Easier Access to Visas
October 15, 2025 | United States, United KingdomFinancial Times: Boom Time for Immigration Lawyers as US and UK Tighten Restrictions
October 15, 2025Mali: Visa Bond Required for U.S. Nationals Applying for Business or Tourist Visas
October 15, 2025 | 🌐Minimum Salary Changes Announced
October 15, 2025 | New ZealandNew Zealand: Temporary Process Implemented to Manage Employer Updates After Sale/Restructure
October 15, 2025 | United KingdomArts Professional: Creative Sector Must ‘Come Together’ to Give Artists Easier Access to Visas
October 15, 2025 | United States, United KingdomFinancial Times: Boom Time for Immigration Lawyers as US and UK Tighten Restrictions
October 15, 2025Mali: Visa Bond Required for U.S. Nationals Applying for Business or Tourist Visas
October 15, 2025 | 🌐Minimum Salary Changes Announced
October 15, 2025 | New ZealandNew Zealand: Temporary Process Implemented to Manage Employer Updates After Sale/Restructure
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
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 RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • 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
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

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
ContactCareersMediaClient Portal
  • 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

Media mentions

Arts Professional: Creative Sector Must ‘Come Together’ to Give Artists Easier Access to Visas

Partner Louise Haycock highlights opportunities for easier access to overseas talent for the UK creative sector while guiding businesses through evolving visa rules.

Learn more

Blog post

British Citizenship for Adopted and Surrogate Children: What Families Should Know

Associate Amelia Haynes and Paralegal Clare Macmillan Bell discuss the legal considerations surrounding British citizenship for children born through adoption or surrogacy.

Learn more

Media mentions

Financial Times: Boom Time for Immigration Lawyers as US and UK Tighten Restrictions

Partner Bo Cooper provides insight on how evolving US and UK immigration policies, including recent H-1B changes, are shaping corporate mobility and compliance strategies.

Learn more

Video

Atividades Técnicas sob Status de Visitante | #MobilityMinute

O Diretor Executivo da Fragomen Brasil, Diogo Kloper, destaca uma atualização importante na política migratória brasileira, que muda significativamente o que estrangeiros podem fazer no país sob o status de visitante.

Learn more

Media mentions

Global Mobility Lawyer: Founders Without Frontiers: Navigating Immigration Rules for Start-Ups

Partner Rajiv Naik provides insight on how immigration frameworks across the UK, Europe and EMEA are evolving to support start-ups and entrepreneurial talent.

Learn more

Media mentions

The New York Times: Visiting the European Union? Expect to Give Your Biometric Data.

Partner Jo Antoons discusses the rollout of the EU's new Entry/Exit System.

Learn more

Media mentions

The Times: Bye bye, Dubai: why families are heading for Abu Dhabi

Fragomen is featured in The Times as a key immigration adviser highlighting Abu Dhabi’s rising demand for golden visas, especially among UK nationals seeking long-term, self-sponsored residency.

Learn more

Video

Important Update for Brazil-Bound Visitors | #MobilityMinute

Brazil Managing Partner Diana Quintas highlights Brazil’s visitor visa rules and what travelers should know.

Learn more

Blog post

Changes to Skilled Worker Dependants: How UK Government’s July 2025 Rules Affect Tech Talent

Senior Manager Kinka Tonchev and Paralegal Emily Whalley discuss how upcoming UK visa changes will affect skilled worker dependants and reshape tech sector mobility.

Learn more

Fragomen news

Partner Marius Tollenaere Contributes to Third Edition of Einwanderungsrecht

Partner Marius Tollenaere provides key insights on labour migration, procedures and employer obligations in the latest edition of "Einwanderungsrecht".

Learn more

Blog post

Beyond PERM: Leveraging Schedule A, Group II for Exceptional Ability in the Sciences, Arts and Performing Arts

Associate Matthew Smith discusses how professionals with exceptional ability in the sciences, arts and performing arts can bypass the PERM process by leveraging Schedule A, Group II for a streamlined green card application.

Learn more

Awards

Managing Partner of the United Kingdom Nadine Goldfoot Recognised as Legal 500's "Leading Partners"

Managing Partner of the United Kingdom Nadine Goldfoot is recognised as Legal 500's "Leading Partners."

Learn more

Media mentions

Arts Professional: Creative Sector Must ‘Come Together’ to Give Artists Easier Access to Visas

Partner Louise Haycock highlights opportunities for easier access to overseas talent for the UK creative sector while guiding businesses through evolving visa rules.

Learn more

Blog post

British Citizenship for Adopted and Surrogate Children: What Families Should Know

Associate Amelia Haynes and Paralegal Clare Macmillan Bell discuss the legal considerations surrounding British citizenship for children born through adoption or surrogacy.

Learn more

Media mentions

Financial Times: Boom Time for Immigration Lawyers as US and UK Tighten Restrictions

Partner Bo Cooper provides insight on how evolving US and UK immigration policies, including recent H-1B changes, are shaping corporate mobility and compliance strategies.

Learn more

Video

Atividades Técnicas sob Status de Visitante | #MobilityMinute

O Diretor Executivo da Fragomen Brasil, Diogo Kloper, destaca uma atualização importante na política migratória brasileira, que muda significativamente o que estrangeiros podem fazer no país sob o status de visitante.

Learn more

Media mentions

Global Mobility Lawyer: Founders Without Frontiers: Navigating Immigration Rules for Start-Ups

Partner Rajiv Naik provides insight on how immigration frameworks across the UK, Europe and EMEA are evolving to support start-ups and entrepreneurial talent.

Learn more

Media mentions

The New York Times: Visiting the European Union? Expect to Give Your Biometric Data.

Partner Jo Antoons discusses the rollout of the EU's new Entry/Exit System.

Learn more

Media mentions

The Times: Bye bye, Dubai: why families are heading for Abu Dhabi

Fragomen is featured in The Times as a key immigration adviser highlighting Abu Dhabi’s rising demand for golden visas, especially among UK nationals seeking long-term, self-sponsored residency.

Learn more

Video

Important Update for Brazil-Bound Visitors | #MobilityMinute

Brazil Managing Partner Diana Quintas highlights Brazil’s visitor visa rules and what travelers should know.

Learn more

Blog post

Changes to Skilled Worker Dependants: How UK Government’s July 2025 Rules Affect Tech Talent

Senior Manager Kinka Tonchev and Paralegal Emily Whalley discuss how upcoming UK visa changes will affect skilled worker dependants and reshape tech sector mobility.

Learn more

Fragomen news

Partner Marius Tollenaere Contributes to Third Edition of Einwanderungsrecht

Partner Marius Tollenaere provides key insights on labour migration, procedures and employer obligations in the latest edition of "Einwanderungsrecht".

Learn more

Blog post

Beyond PERM: Leveraging Schedule A, Group II for Exceptional Ability in the Sciences, Arts and Performing Arts

Associate Matthew Smith discusses how professionals with exceptional ability in the sciences, arts and performing arts can bypass the PERM process by leveraging Schedule A, Group II for a streamlined green card application.

Learn more

Awards

Managing Partner of the United Kingdom Nadine Goldfoot Recognised as Legal 500's "Leading Partners"

Managing Partner of the United Kingdom Nadine Goldfoot is recognised as Legal 500's "Leading Partners."

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.