Corporate Visas to the US witnessed a significant decline during 2020 with some categories experiencing a 53% reduction. The issuance of these visas, encompassing non-immigrant designations; E-1, E-2, H1-B and L-1, was severely impacted by the COVID-19 pandemic, including the closure of embassies, restrictions on air travel and the lack of a return to normal processing. The table below issued by The Department of State (DOS), demonstrates the numbers of visas issued across these categories, and the cliff edge experienced during Fiscal Year 2020. Under DOS reporting regulations this fiscal year runs to September 2020, thereby covering the initial 6 months of the COVID-19 pandemic:
| 2020 | 2019 | 2018 | 2017 | 2016 | 2015 | |
| E-1 | 3,278 | 6,668 | 6,542 | 7,063 | 8,085 | 7,425 |
| E-2 | 23,493 | 43,286 | 41,181 | 43,673 | 44,243 | 41,162 |
| H-1B | 124,983 | 188,123 | 179,660 | 179,049 | 180,057 | 172,748 |
| L-1 | 35,942 | 76,988 | 74,388 | 78,178 | 79,306 | 78,537 |
Although the data above encompasses the tail end of the Obama Administration with the term of the Trump Administration, there is an annual reduction of 2% within the issuance of the E-1 Treaty Trader Visa, while the E-2 Treaty Investor and H1-B Specialty Occupations visas increase by 1% and 2%, with L1 Intracompany Transferee visa issuance remaining relatively static. However, during FY2020 these visas experienced a decrease of; 51% in E-1; 46% in E-2; 34% in H-1B; 53% in L1 categories. To further compound the negative news for visa processing, between 2019 and 2020, the denial rate of E-1, E-2 and H-1B visas all experienced an increase of 4%, 2% and 1%. While the L1 category saw a increase in approvals by 2%.
By September 2020, DOS announced a softening of approach by allowing qualified business travellers to enter to enter the US, if they were approved for a National Interest Exception (NIE). This regime was a lifeline for many businesses, allowing their foreign owners, investors and executives to enter and undertake activities in the national interest, including the retention and furtherance of US jobs. However, with the Biden Administration rescinding this determination in March 2021, a further blow was dealt to businesses already reeling.
There is hope with the vaccine rollout that trans-Atlantic business will return to normal in the future. However, Embassies are already warning to expect delays and a backlog of applications.
At Davies Legal Immigration, we represent clients in connection with all types of US immigration. We provide a comprehensive service, including clear and concise advice from the outset, a pragmatic approach and efficient working practices. We understand the importance of our cases to clients and adopt a well-reasoned, diligent approach, in order to maximize your prospects of success. Call now to speak to a licensed US immigration attorney and obtain a free, no obligation quote.
