Editor’s note: This sponsored article is published as part of Kuck Baxter’s annual sponsorship of Global Atlanta.
Georgia companies are being unfairly prevented from contracting non-immigrant employees from the United Kingdom, Ireland or the Schengen Area of Europe, unless they are temporary workers that support critical infrastructure sectors.
These restrictions are the result of a March 2 Biden administration proclamation intended to curb the spread of COVID-19 by further limiting entrants to the United States.
It is the latest in the administration’s slew of proclamations surrounding immigration that are not only confusing but, at times, nonsensical.
The announcement expands current visa restrictions on temporary workers, and, additionally, blocks professional athletes and “individuals with extraordinary abilities” from entering the U.S., at least through March 31.
Only applicants who work in one of 16 critical infrastructure sectors, such as manufacturing, emergency services, energy, healthcare, information technology and others, and who are “seeking to provide vital support for critical infrastructure,” will be considered for visas.
This is a tightening of a previous Biden proclamation, which extended the Trump administration’s so-called “Schengen ban,” restricting entry by non-U.S. citizens from Brazil, Ireland, South Africa and the UK.
Despite the ban, National Interest Exception (NIE) waivers, until March 2, still allowed some temporary workers (H and L visa holders) who are critical to the economy, the infrastructure, the fight against COVID or other related need, to come to Georgia.
NIE waivers covered senior-level managers and executives, investors, technical experts, specialists, treaty-traders, professional athletes and their dependents, plus those with “extraordinary ability in the sciences, arts, education, business or athletics.”
The waivers also permitted students, diplomats, U.S. citizens, permanent residents and their parents to come to the U.S. Even an au pair could come to nanny for a family in Georgia.
Because of all the exceptions, the Schengen ban made no logistical sense and no healthcare sense.
Someone from a banned country who could not enter with an employer-approved work visa could still get a visa to come as a visitor under the exempted categories.
The ban certainly made no sense logistically in trying to prevent the spread of the virus because a person from a banned country could simply quarantine for two weeks in another country and then enter the U.S.
With the March 2 proclamation, these exceptions have been almost eliminated, as the expanded ban applies to not just H and L visa holders (temporary workers) but also to E (treaty traders and investors), O (extraordinary abilities) and P (athletes) visas.
Visas are still being granted, however, for U.S. citizens and their spouses, minor children and parents of minor U.S. citizens and legal permanent residents; diplomats; journalists and certain academic or research visitors.
Exceptions also remain for humanitarian travel, national security and public health response and students traveling from the Schengen Area, the UK or Ireland with valid F-1 and M-1 visas.
So, the guidelines are confusing at best. But the results are damaging.
With the proclamation, Biden has barred foreign business owners who have invested in the U.S. and created jobs for U.S. workers.
The question is, why? It’s economically harmful, and there doesn’t appear to be any legitimate COVID reason for it because everyone entering the U.S. by plane must show a negative COVID test before traveling. More importantly, people could always quarantine in a non-banned country for 14 days and then enter the U.S. Thus, there is no legitimate reason to restrict visas from these countries.
This nonsensical ban makes extra work for the consulates, and, in my opinion, it is illegal. So, we are preparing a law suit to challenge it. We invite any business owner, employer or investor who wants to participate to reach out to us.
For the most up-to-date information on this and other visa and immigration issues, follow me on Twitter at @ckuck.
Find more information at https://www.immigration.net.