Hello, this is Matsui of IMS Legal Professional Corporation. It's been a week since the new dawn of 2021, and COVID's spread continues unabated. Fortunately, no one in our firm has been infected yet. However, I regularly visit the Tokyo Immigration Bureau in Shinagawa and various university campuses where we provide visa consulting services. We must continue to be vigilant with our precautions. I look forward to working with you again this year.

U.S. Visa Restrictions

Since the beginning of December, I have continuously researched information coming from the U.S. regarding the visa restrictions. But solid information is sparse, even in rumors. As the December 31 for the restrictions neared, I increasingly began to wonder what would happen. Finally, an announcement was made on the last day of the year (U.S. time).

The "Executive Order on Visa Restrictions" refers to two executive orders (presidential proclamations): one restricting immigrant visas, issued in March of last year, when the spread of COVID became prominent in the U.S.; and the other restricting some non-immigrant visa categories, issued in June of the same year. The latter restricts the issuing of new visas and entry into the U.S. for H-1B, H-2B, L-1, and some J-1 categories, including accompanying family members (L-2, J-2, etc.). This change has had a significant impact on Japanese companies. The L visa is a so-called intra-company transfer visa, and many people who were scheduled to be dispatched to the U.S. last spring have been unable to do so.

New Developments

Subsequently, in August, an exception to the Order limiting non-immigrant visas was announced. This allowed for visas to be issued with fewer restrictions in cases where it is in the U.S. national interest, such as for public health, medical professionals, and important foreign policy purposes.

In addition, a lawsuit was filed in the U.S. District Court for the District of California seeking an injunction against the Executive Order restricting non-immigrant visas; a temporary injunction was issued in October. The temporary injunction applies only to the U.S. Chamber of Commerce -- and other plaintiffs and their members -- but if applicable, visas can now be issued.

Thus, with few exceptions, many of you may have been waiting for the end of the year without being able to come to the U.S. As it turns out, the initial Executive Order has been extended until the end of March. It may even be extended further, depending on the COVID situation. However, there is also a possibility that the new Biden Administration will withdraw these restrictions. I will definitely be paying close attention to the developments after January 20.

For more information, please contact us below ↓
https://imsvisa.support/en/contact/

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