After much speculation, the Biden administration has opted to allow former President Donald Trump's nonimmigrant visa ban to expire on March 31. The ban was originally issued in an executive order in June 2020 and primarily affected the ability of those in H-1B, L-1 or J-1 status to obtain a visa at a U.S embassy abroad. While the Trump administration's initial goal of reducing legal immigration by at least 50% was stymied in Congress, the COVID-19 pandemic provided the administration with the pretext needed to enact its visa ban. In the waning days of his administration, Trump extended the ban until the end of March 2021 (it was set to expire in December 2020) and its end represents some restored hope for the global talent that is integral to restoring the fabric of our economy.

Despite the end of the visa ban, substantial headwinds still exist for those needing to travel internationally. Just as the pandemic is constantly changing, the still-applicable travel bans, quarantine, and COVID testing requirements are mind-numbingly complex and remain highly fluid. It is important to underscore that despite the end of the visa ban, President Joe Biden has continued the applicable country travel bans that affect individuals located in the Schengen Area, U.K., Ireland, China, Brazil, South Africa and Iran, pursuant to Presidential Proclamation 10043. These individuals are unable to travel without obtaining a national interest exception (NIE) from a U.S. embassy abroad. In addition, most U.S. embassies still have limited operations and have a limited staff. As such, visa appointments at many consulates are not available until later this fall and some delays persist until early 2022.