On October 1, 2020, a California federal judge issued a ruling overturning the June 24, 2020 Executive Order blocking the issuance of new nonimmigrant employment visas. (National Association of Manufacturers et al., v. DHS, et al., 10/1/20) The judge ruled that President Donald Trump likely overstepped his authority when he issued the Executive Order under coronavirus-related restrictions.

This is great news for foreign workers who work for U.S. employers in H-1B, L-1 and J-1 status.  It relieves one obstacle to their ability to leave the U.S. and travel overseas.  New employees located overseas will also be legally permitted to apply for a visa.  COVID-19 travel restrictions continue to apply to many foreign nationals and travel to specific countries will also impact the ability to return to the U.S.

Unfortunately, the judge’s order only applies to the named plaintiffs in the law suit.   The named plaintiffs include the National Association of Manufacturers, Chamber of Commerce of the United States of America, National Retail Federation, Technet and Intrax, Inc.

If you have travel related questions, please contact your E&M Mayock attorney or paralegal or contact us at info@emvisa.com.