Are L1 visa suspended for spouse of US citizen under Trump's new proclamation?

[stupidoss 0]

I am a US citizen married to a European citizen. We have been married for more than 7 years and have two children who are also US citizens.

We are currently in Europe and we want to go back to the US.

Is my husband eligible for L1 visa (through his employer) considering the recent proclamations from Trump in April and June?

While the L1 visa are suspended according to Sec. 2 (Proclamation June 22), it seems that any alien who is the spouse of a US citizen is exempt in Sec 3. b) iii.

[aaron2020 11,651]

L1 are suspended until 2021. 

The exemption you cited is for a spousal visa, CR-1/IR-1.  You would need to petition for your spouse.  The process will be about 12-18 months.

Edited July 8, 2020 by aaron2020

[stupidoss 0]

@aaron2020 thank you for your reply. My husband's employer is an american company and they plan on transferring him to the US under an L1 visa towards the end of the summer. My more specific question is...Is his employer going to have problems getting the L1 visa issued due to Trump's new proclamation or once his employer knows he is the spouse of a US citizen they will be able to apply the exemption?

[igoyougoduke 1,605]

8 minutes ago, stupidoss said:

@aaron2020 thank you for your reply. My husband's employer is an american company and they plan on transferring him to the US under an L1 visa towards the end of the summer. My more specific question is...Is his employer going to have problems getting the L1 visa issued due to Trump's new proclamation or once his employer knows he is the spouse of a US citizen they will be able to apply the exemption?

you will not be able to enter on L1 status as they are suspended by EO. It does not matter if you are spouse of anyone as embassies will not issue visas. You can enter under IR1 as a green card holder and Legal permanent resident.  considering you are already married to a US citizen, you have shown immigrant intent and odds of L1 visa is almost a zero %. 

 

There are two things here. L1 visa has two parts. Once is USCIS work authorization and the embassy issuing you a L1 visa to enter US. Even if USCIS approves the work authorization you will be unable to get the VISA due to EO 

[SteveInBostonI130 3,319]

Hello,

 

Your husband is eligible to travel to the US with you as an exception to the travel ban with an ESTA, I believe.  Some airlines, however, may block your husband if he doesn't have a visa - you will need to check with the airlines.

 

This is for temporary travel to the US, that is.  If you are planning to move back, then he will need the L1 visa or a spouse visa.  There was an option for you to do Direct Consular Filing for the spouse visa, but I think DCF has been eliminated with the closure of the international USCIS offices last year.  You may want to check with your local US embassy..

[SusieQQQ 11,584]

My reading of the June proclamation is that the spouse of USC exemption applies regardless of visa type. It doesn’t say the exemption is only for spouse visas. Best for OP to check directly with their local embassy.

 

https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-aliens-present-risk-u-s-labor-market-following-coronavirus-outbreak/

(b)  The suspension and limitation on entry pursuant to section 2 of this proclamation shall not apply to:

(i)    any lawful permanent resident of the United States;

(ii)   any alien who is the spouse or child, as defined in section 101(b)(1) of the INA (8 U.S.C. 1101(b)(1)), of a United States citizen;

(iii)  any alien seeking to enter the United States to provide temporary labor or services essential to the United States food supply chain; and

(iv)   any alien whose entry would be in the national interest as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.

 

[geowrian 22,335]

30 minutes ago, James120383 said:

you will not be able to enter on L1 status as they are suspended by EO. It does not matter if you are spouse of anyone as embassies will not issue visas. You can enter under IR1 as a green card holder and Legal permanent resident.  considering you are already married to a US citizen, you have shown immigrant intent and odds of L1 visa is almost a zero %.

L-1 permits immigrant intent, so the part about having a USC spouse isn't a factor.

 

6 minutes ago, SusieQQQ said:

My reading of the June proclamation is that the spouse of USC exemption applies regardless of visa type. It doesn’t say the exemption is only for spouse visas. Best for OP to check directly with their local embassy.

 

https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-aliens-present-risk-u-s-labor-market-following-coronavirus-outbreak/

(b)  The suspension and limitation on entry pursuant to section 2 of this proclamation shall not apply to:

(i)    any lawful permanent resident of the United States;

(ii)   any alien who is the spouse or child, as defined in section 101(b)(1) of the INA (8 U.S.C. 1101(b)(1)), of a United States citizen;

(iii)  any alien seeking to enter the United States to provide temporary labor or services essential to the United States food supply chain; and

(iv)   any alien whose entry would be in the national interest as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.

 

I concur. The EO exempts a spouse of a USC from any of the bans in it.

 

The issue is getting a visa appointment. They are not routinely processing L-1 cases...they would need to get in touch with the consulate and hope they agree to accept it.

Edited July 8, 2020 by geowrian

[SusieQQQ 11,584]

23 minutes ago, geowrian said:

L-1 permits immigrant intent, so the part about having a USC spouse isn't a factor.

 

I concur. The EO exempts a spouse of a USC from any of the bans in it.

 

The issue is getting a visa appointment. They are not routinely processing L-1 cases...they would need to get in touch with the consulate and hope they agree to accept it.

Yes. There is another thread about H1s getting emergency appointments for medical workers (also exempted from the ban) but this isn’t quite the same. OP will probably need embassies to be open for routine visa issuance for this, though I would expect it will take a while for the visa application to go through its process anyway.

[SusieQQQ 11,584]

And yes, L1 is dual intent so being married to a USC is not a factor.  From the manual:

9 FAM 302.1-2(B)(5)  (U) INA 214(b) Not Applicable in All Categories

(U) It is important to note that Congress expressly excluded H-1B, L, and V visas from the statutory presumption of immigrant intent contained in INA 214(b).  

https://fam.state.gov/fam/09FAM/09FAM030201.html

Edited July 8, 2020 by SusieQQQ