Nonimmigrant Visa Holders May Now Enter the US as President Biden Allows Ban to Expire

In a win for business, President Biden will not renew the ban on nonimmigrant visa holders entering the United States past its 31 March expiration date, reopening the mobility of skilled foreign talent.

In a win for workforce and worker mobility and the U.S. economy, President Joe Biden will not renew the ban on the entry of new H-1B, L-1, J-1 and H-2B nonimmigrant visa holders. The ban expired on 31 March 2021. Former President Donald Trump had put the ban in place in June 2020 and extended it at the end of 2020 over concerns of foreign workers entering the U.S. labor market during an economic downturn due to the pandemic. Following this decision, Worldwide ERC® sent a letter to the White House Domestic Policy Council thanking them and the President for allowing the ban to expire.

Reopening the Door to World Talent Responds to Worldwide ERC® Request

Over the past year, Worldwide ERC® has advocated for the reversal of both the immigrant and nonimmigrant visas entry bans, citing the need for a strong workforce mobility infrastructure and employers’ ability to relocate employees for an economic recovery.

  • In a May 2020 letter to then President Donald Trump, we outlined our position that the U.S. should not temporarily restrict access to nonimmigrant visas.
  • We also joined a letter last May sent by 324 employers, associations and organizations to the Trump Administration making a similar request on the importance of accessing nonimmigrant talent.
  • On 28 August 2020, Worldwide ERC® filed an amicus brief in support of two complaints (Gomez et al v. Trump et al and National Association of Manufacturers, et al. v. Dept Homeland Security, et al) filed against the Administration’s nonimmigrant visa entry ban.
  • When we thanked the Biden Administration on 2 March for lifting the immigrant visa entry ban through a 24 February Proclamation, we requested that the President revoke the nonimmigrant ban.

Throughout these advocacy efforts, we reiterated the importance to worldwide economic recovery of employees being able to work anywhere they are needed.

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How This Impacts Mobility

As employers prioritize a safe return to work, the end of this ban means organizations can once again access the foreign talent needed to recover and remain competitive in the global economy. Worldwide ERC® will continue to advocate for public policies that support work anywhere, are agile, and are attentive to the needs of employers and workers.

Should any member have questions, please reach out to our Vice President of Member Engagement and Public Policy Rebecca Peters, rpeters@worldwideerc.org.