Immigration Update: Presidential Proclamation 10052 + USCIS Policy Manual

We have some exciting updates to share with you.  Presidential Proclamation 10052 is officially over!  This article will cover this development in detail, and we will also talk about USCIS’s plans to remove the word “alien” from its policy manual.

We are Ashoori Law, led by Michael Ashoori, a U.S. immigration lawyer based in Los Angeles, California.  At our law firm we work with clients from all over the world, and we regularly post articles and videos to make sure that you are up to date with the latest immigration news.  If, after reading this article, you have more questions, then we invite you to contact us at Ashoori Law.  Feel free to call us at +1-818-741-1117 or you may schedule a free consultation by clicking this link.

Update #1 – Presidential Proclamation 10052 is Officially Over

Presidential Proclamation 10052 is officially over as of March 31, 2021.  In other words, this executive order has officially expired.  For those who do not know, Presidential Proclamation 10052 was signed back in June 2020 and it suspended the issuance of certain nonimmigrant visas such as the L1 visa, the H1B visa, and certain of the J1 visas. 

The announcement by the Department of State regarding this executive order, dated April 1, 2021, states that:

Presidential Proclamation 10052, which temporarily suspended the entry of certain H-1B, H-2B, J (for certain categories within the Exchange Visitor Program), and L nonimmigrants, expired on March 31, 2021.

Visa applicants who have not yet been interviewed or scheduled for an interview will have their applications prioritized and processed in accordance with existing phased resumption of visa services guidance.  Visa applicants who were previously refused visas due to the restrictions of Presidential Proclamation 10052 may reapply by submitting a new application including a new fee.

The resumption of routine visa services, prioritized after services to U.S. citizens, is occurring on a post-by-post basis, consistent with the Department’s guidance for safely returning our workforce to Department facilities.  U.S. Embassies and Consulates have continued to provide emergency and mission-critical visa services since March 2020 and will continue to do so as they are able.  As post-specific conditions improve, our missions will begin providing additional services, culminating eventually in a complete resumption of routine visa services.  Applicants should check the website of their nearest U.S. Embassy or Consulate for updates on the services that the post is currently offering.

There are a couple of important takeaways from the announcement.  As you can see, Presidential Proclamation 10052 is now officially expired.  People who want to apply for their L1 visas, J1 visas, or H1B visas are now eligible to do so.  However, routine visa services are still limited due to the effects of COVID-19.  So, while people may now be eligible to apply for their visas, there still could be some delays due to the lasting effects of embassy closures due to COVID-19.

Update #2 – Removing the Word “Alien”

USCIS plans to remove the word alien from its policy manual.  Currently, “alien” is a word that has been traditionally used in immigration law to reference non-citizens.  This change is an attempt by the Biden Administration to remove any sort of adversarial tone towards immigrants.  Interestingly, the word “alien” is found over 100 times in the policy manual.  They plan to replace the word “alien” with the word “non-citizen.”  We have also been seeing instances of other agencies, such as ICE, reducing their use of the word “alien” as well. 

Conclusion

There is good news all around in this article.  Presidential Proclamation 10052 is over and done, and the word “alien” is being phased out of our immigration vocabulary.  These developments bode well for those who wish to come to the United States legally and pursue their lives here.  Please let me know if you have any more questions on these important updates.

My name is Michael Ashoori and I’m a U.S. immigration lawyer and the founder of Ashoori Law. As an immigration lawyer, I help families, professionals, investors, and entrepreneurs get visas, green cards, and citizenship to the United States.  If you have any questions, feel free to schedule a free consultation by clicking this link.