H-1B & L-1 Visa Abroad

Pursuant to https://travel.state.gov/content/travel/en/News/visas-news/exceptions-to-p-p-10014-10052-suspending-entry-of-immigrants-non-immigrants-presenting-risk-to-us-labor-market-during-economic-recovery.html if a U.S. employer has any employees that were working in L-1 or H-1B status before departing the U.S., and are currently outside of the U.S., they should be exempt from Presidential Proclamation 10052, if the specific employee is returning to the U.S. “to resume ongoing employment in the United States in the same position with the same employer and visa classification”.

This exemption to the proclamation would not apply to new L-1 or H-1B visa applicants.

L-1 or H-1B applicants attempting to return to the U.S. to resume work should take a copy of the three pay stubs received immediately prior to their exit from the U.S. and a letter on company letterhead that details their assignment prior to leaving the U.S. and confirming that the foreign national will be returning to the U.S. to resume the same assignment.

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