Prior Ban Rescinded
On February 24, 2021, President Biden revoked the Trump Administration’s proclamation barring certain visa processing. This Biden Proclamation enables us to pursue new L-1 visas. It disables the Trump ban known as Presidential Proclamation 10052 which suspended the entry of people in several visa categories.
Will L-1 visas be easier to get?
We expect the L-1 visa process to return to pre-Trump conditions. While denial rates for L-1s were on the rise prior to the Trump administration taking office, they rose significantly during his administration. Initial denial rates for L-1s increased by 32% between fiscal year 2018 and the first three quarters of 2019. Additionally, in fiscal year 2019, Requests for Evidence were issued for more than 50% of L-1 petitions. Policy changes under the Trump administration also affected processing. An example was the lack of deference granted to prior approvals. This policy had the effect of increasing denial rates and leading to larger numbers of Requests for Evidence being issued in connection with L-1 applications. Requests for Evidence can delay or stall-out visa applications. Under the Biden administration, we see signs that USCIS policies are shifting away from the Trump administration’s focus on restricting all immigration.
Erin Bahn focuses her practice in the area of Immigration Law.
She can be reached at ebahn@kavinokycook.com