What are the National Interest Exceptions for L-1 Visa under the June 22, 2020 Executive Order?

Last Updated on July 27, 2022 by Anda Malescu

What are the National Interest Exceptions for L-1 Visa?

The June 22, 2020 Presidential Proclamation 10052 suspends the entry into the United States of foreign individuals on an L-1 visa until December 31, 2020, unless the L-1 visa applicant is not subject to the order. This proclamation does not apply to those individuals who were in the US on an L-1 visa on June 24, 2020 or changed or adjusted status to L-1 while in the US. In addition, the order does not apply to individuals who already had an L-1 visa stamp in their passport on June 24, 2020, regardless if they were in the US or outside of the US on June 24, 2020.

In other words, this executive order applies only to those individuals who do not have an L-1 visa in their passport as of June 24, 2020 – individuals seeking to obtain an L-1 visa at the US Consulate or Embassy abroad after June 24, 2020. Effectively, the proclamation suspends the issuance of L-1 visa after June 24, 2020 at a US Embassy or Consulate abroad and L- 1 applicants subject to the restrictions might not be processed for a visa interview appointment at a US Consulate unless the foreign individual is eligible for an exception under the current executive order.   

This executive order includes exceptions for L-1 visa applicants whose travel would be in the national interest of the United States. There are certain types of travel that can be considered to be in the national interest depending on whether you are seeking an L-1A for Executive or Manager or an L-1B for Employee with Specialized Knowledge.

You can qualify for a National Interest Exception in order to obtain an L-1A visa for Managers and Executives before December 31, 2020

In order to qualify for a National Interest Exception and obtain an L-1A visa prior to December 31, 2020, you must fall under at least one of the following categories of travel or other exception:

1. Travel as a public health or healthcare professional, or researcher to alleviate the effects of the COVID-19 pandemic, or to conduct ongoing medical research in an area with a substantial public health benefit.  This includes those traveling to alleviate effects of the COVID-19 pandemic that may be a secondary effect of the pandemic; or
2. Travel based on a request from a U.S. government agency or entity to meet critical foreign policy objectives or satisfy treaty or contractual obligations. An example of this would be supporting U.S. military base construction or IT infrastructure; or
3. Travel by L-1A applicants seeking to resume ongoing employment in the United States in the same position with the same employer and visa classification; or
4. Travel by a senior level executive or manager filling a critical business need of an employer meeting a critical infrastructure need. To fall into this category, the L-1A executive or manager must not come to the United States to open a new office but instead the executive or manager should join a pre-existing office in the US and meet at least 2 of the following 3 criteria:
   1. The L-1A applicant will be a senior-level executive or manager;
   2. The applicant 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
   3. The applicant will fill a critical business need for a company meeting a critical infrastructure need.
5. For an L-1A Manager or Executive seeking to establish a new office in the United States, he or she must meet 2 of the 3 criteria above and the new office will employ directly or indirectly 5 or more US workers.

Based on guidance from U.S. Department of State, critical infrastructure sectors for the purpose of National Interest Exception for the L-1A visa include: chemical, communications, dams, defense industrial base, emergency services, energy, financial services, food and agriculture, government facilities, healthcare and public health, information technology, nuclear reactors, transportation, and water systems.

You can qualify for a National Interest Exception in order to obtain an L-1B visa for Specialized Knowledge Employee before December 31, 2020

In order to qualify for a National Interest Exception and obtain an L-1B visa prior to December 31, 2020, you must fall under at least one of the following categories of travel or other exception:

1. Travel as a public health or healthcare professional, or researcher to alleviate the effects of the COVID-19 pandemic, or to conduct ongoing medical research in an area with a substantial public health benefit. This includes those traveling to alleviate effects of the COVID-19 pandemic that may be a secondary effect of the pandemic; or
2. Travel based on a request from a U.S. government agency or entity to meet critical foreign policy objectives or satisfy treaty or contractual obligations. An example of this would be supporting U.S. military base construction or IT infrastructure; or
3. Travel by L-1B applicants seeking to resume ongoing employment in the US in the same position with the same employer and visa classification; or
4. Travel as a technical expert or specialist meeting a critical infrastructure need. The consular officer may determine that an L-1B applicant falls into this category if all 3 criteria below are present:
   1. The applicant’s proposed job duties and specialized knowledge indicate the individual will provide significant and unique contributions to the petitioning company;
   2. The applicant’s specialized knowledge is specifically related to a critical infrastructure need; and
   3. The applicant 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.

If you believe you may qualify for an L-1 visa under the National Interest Exceptions, contact us to assist you proving your eligibility for the L-1 visa at the US Consulate and Embassy abroad and request an expedite L-1 visa interview.

How can our immigration lawyers at Malescu Law help?

At Malescu Law, our experienced immigration lawyers in Miami, Florida USA can prepare and file your L-1 visa application with USCIS, provide guidance with qualifying for the National Interest Exceptions and application at US Consulates and Embassies abroad, assist with procedure to request an expedite emergency appointment for the L-1 visa and help you establish eligibility for L-1 visa under National Interest Exceptions.

Malescu Law P.A. – Business & Immigration Lawyers