The White House issued a Presidential Proclamation on September 24, 2017, that imposes new travel restrictions on Iran, Libya, Yemen, Somalia, and Syria, as well as newly added countries North Korea, Chad, and Venezuela. The new restrictions are the result of the government’s review of worldwide visa security measures ordered in the March 6, 2017 Executive Order Number 13780 travel ban. Parts of the Proclamation went into effect immediately, and the rest will go into effect on October 18, 2017.
Nationals of the following countries are subject to the following restrictions on their travel to the United States:
|
Country
|
Nonimmigrant Visas
|
Immigrant and Diversity Visas
|
|
CHAD
|
No B-1, B-2, and B-1/B-2 visas
|
No immigrant or diversity visas
|
|
IRAN
|
No nonimmigrant visas, except F, M, and J student and exchange visitor visas
|
No immigrant or diversity visas
|
|
LIBYA
|
No B-1, B-2, and B-1/B-2 visas
|
No immigrant or diversity visas
|
|
NORTH KOREA
|
No nonimmigrant visas
|
No immigrant or diversity visas
|
|
SYRIA
|
No nonimmigrant visas
|
No immigrant or diversity visas
|
|
VENEZUELA
|
No B-1, B-2 or B-1/B-2 visas for certain government officials and their families
|
[No restrictions]
|
|
YEMEN
|
No B-1, B-2, and B-1/B-2 visas
|
No immigrant or diversity visas
|
|
SOMALIA
|
Visas available, but subject to enhanced screening and vetting
|
No immigrant or diversity visas
|
Iraq
Iraqi nationals are not subject to travel restrictions, but may be subject to heightened scrutiny when applying for visas and seeking admission.
Sudan
Sudan has been removed from the list of countries subject to restrictions in the March 6 travel ban, but Sudanese nationals may be subject to heightened scrutiny.
Certain foreign nationals are not subject to the travel restrictions. These include lawful permanent residents of the U.S.; dual nationals traveling on a passport from a non-restricted country; and foreign nationals who were present in the United States or who held a valid visa on the Proclamation’s applicable effective date. Also exempt are those already granted asylum in the U.S. or protected under several other humanitarian categories.
The Department of State and the Department of Homeland Security can grant waivers of the travel restrictions on a case-by-case basis. While the Proclamation describes numerous examples where a waiver may be appropriate, the process to get a waiver and the prospects of success are still unknown.
The new restrictions will be in place indefinitely, but may be modified or terminated in the future. The Supreme Court has not yet decided on the constitutionality of the Trump Administration's March 6 travel ban, and the new proclamation has prompted the Court to postpone oral argument while it considers whether the Proclamation makes the case moot.
Should you have any questions about how the March 6 Executive Order, the September 24 Presidential Proclamation, and subsequent judicial action may affect your company and employees, please contact Geetha Adinata, gadinata@fordharrison.com, or any member of FordHarrison’s Business Immigration practice group, or the FordHarrison attorney with whom you normally work.