A federal judge in California issued a preliminary injunction against the Trump administration’s Proclamation 10052 that suspended the entry of foreign nationals on H-1B, L-1, H-2B and most J-1 temporary visas.
The U.S. District Judge’s order in NAM v. DHS prevents the Department of State (DOS) and Department of Homeland Security (DHS) from “engaging in any action that results in the non-processing or non-issuance of applications or petitions for visas in the H, J, and L categories which, but for Proclamation 10052, would be eligible for processing and issuance.” The preliminary injunction remains in effect pending trial, unless overturned on appeal, and applies to the plaintiffs, which include Intrax and the member companies of the National Association of Manufacturers (NAM), the U.S. Chamber of Commerce, the National Retail Federation and TechNet.
Due to the District Judge’s order, DOS issued an update stating that Presidential Proclamation 10052 will not be considered in making emergency appointments. DOS’s update does not refer to the limitation on the District Judge’s applicability to only the named plaintiffs in the case and the members of the plaintiff’s associations. DOS will resume visa services for applicants who appear to be subject to entry restrictions Presidential Proclamation 10052, without requesting a National Interest Exception (NIE) under the Proclamation. DOS is currently in the process of updating guidance on individual embassy and consulate websites.