On August 12, 2020, the U.S. Department of State quietly updated their website to inform the public of further updates to exceptions under P.P. 10052 for certain travel in the national interest by nonimmigrants.
While a complete list of P.P. 10052 exceptions for H, L, and J can be found on the U.S. Department of State – Bureau of Consular Affair’s website (www.travel.state.gov), listed below are some notable exceptions for H-1B and L-1A applicants:
Exceptions for H-1B applicants:
- Public health or healthcare professionals, or researchers to alleviate the effects of the COVID-19 pandemic, or to conduct ongoing medical research in an area with a substantial health benefit. This includes research in areas that may have been adversely impacted by the COVID-19 pandemic .
- Travel by applicants seeking to resume ongoing employment in the United States in the same position with the same employer and visa classification.
- Travel is supported by a request from a U.S. government agency to meet critical U.S. foreign policy objectives or to satisfy treaty or contractual obligations.
- Travel by technical specialists, senior level managers, and other works whose travel is necessary to facilitate the immediate and continued economic recovery of the United States.
Exceptions for L-1A applicants:
- Public health or healthcare professionals, or researchers to alleviate the effects of the COVID-19 pandemic, or to conduct ongoing medical research in an area with a substantial health benefit. This includes research in areas that may have been adversely impacted by the COVID-19 pandemic.
- Travel by applicants seeking to resume ongoing employment int eh United States in the same position with the same employer and visa classification.
- Travel by a senior level executive manager filling a critical business need of an employer meeting a critical infrastructure need. Critical infrastructure sectors include chemical, communications, dams, defense industrial based, emergency services, energy, financial services, food and agriculture, government facilities, healthcare and public health, information technology, nuclear reactors, transportation, and water systems. An L-1A applicant falls into this category when at least 2 of the following 3 indicators are present and the L-1A applicant is not seeking to establish a new office in the United States.
- Will be a senior-level executive or manager;
- Has spent multiple years with the company overseas, indicating a substantial knowledge and expertise within the organization that can only be replicated by a new employee within the company following extensive training that would cause the employer financial hardship; or
- Will fill a critical business need for a company meeting a critical infrastructure need.
- L-1A applicants seeking to establish a new office in the United States may fall into this category if two of the three criteria are met and the new office will employ, directly or indirectly, five or more U.S. workers.
Note that a determination of whether an applicant qualifies for a national interest exception will be made at the time of the visa interview.
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