President Biden issued a Presidential Order on January 20, 2021 revoking ALL travel and visa processing bans referenced below effective immediately.
Presidential Proclamation 9645 designates visa restrictions for nationals of certain countries.
How could these restrictions and procedures affect me? Updated on January 31, 2020.
This advisory has been prepared to assist international students and scholars at Boston University to understand the impact of country-specific restrictions on new visa applications based on updates from September 25, 2017 as well as additional restrictions published January 31, 2020 that will become effective on 12:01am February 21, 2020. These restrictions vary by visa category and by country. They pertain to nationals of Libya, Iran, North Korea, Somalia, Syria, Yemen and certain government employees from Venezuela applying for nonimmigrant visas and nationals of Myanmar, Eritrea, Kyrgyzstan, Nigeria, Sudan and Tanzania applying for immigrant visas.
If you are a new international student or scholar from the mentioned countries, these restrictions will prohibit you from qualifying for a visa. If you are a continuing student or scholar from one of these countries and you currently have a valid US visa, you are urged to schedule your return trip within the period of your visa validity. If your visa has expired, you must weigh the significant risk of travel as these restrictions will prohibit you from renewing your visa.
The U.S. Supreme Court heard oral arguments regarding the legality of the travel ban on April 25, 2018 and has issued a written decision that has upheld the travel ban on June 26, 2018. Please continue to check the details of the sections below and to strategize potential travel plans with a member of the ISSO staff.
Nationals of Libya, Iran, North Korea, Somalia, Syria, Yemen and certain government employees from Venezuela
A September 24, 2017 Presidential Proclamation, modified the travel ban to place visa and entry restrictions on travelers from seven countries: Libya, Iran, North Korea, Somalia, Syria, Yemen and certain government employees from Venezuela. The ban (Travel Ban 3.0) allows travel to the U.S. only with a valid visa but suspends visa processing for certain categories. While the travel restrictions and vetting procedures continue to allow valid nonimmigrant visas holders to travel, we continue to urge nationals of these countries with valid visas to be cautious in making travel plans as there is always risk associated with travel outside of the U.S.
Visa vetting procedures and travel restrictions vary depending on your visa category and your country of citizenship. We encourage you to discuss your particular situation with a member of the ISSO staff or an experienced immigration attorney before making travel plans. Please see below for specific restrictions per country. Please keep in mind that these restrictions are subject to change and the procedures to qualify for an exception may vary.
Iran – Nonimmigrant visa processing for all categories except F and M students and J-1 exchange visitors is suspended indefinitely. F, M and J nonimmigrant applicants will be reviewed and subject to enhanced screening and vetting requirements.Entry as an immigrant is suspended
Libya – Visa processing for new B-1 business visitors, B-2 tourists and B-1/B-2 nonimmigrants is suspended indefinitely but processing for other nonimmigrant visas continues. Entry as an immigrant is suspended
North Korea – Nonimmigrant visa processing for all categories is suspended indefinitely. Entry as an immigrant is suspended
Syria – Nonimmigrant visa processing for all categories is suspended indefinitely. Entry as an immigrant is suspended
Venezuela – The restrictions focus only on certain government officials. Entry to the US and B-1/B-2 visa processing for specified officials of government agencies and their immediate family members is suspended. Nationals of Venezuela applying for other nonimmigrant visas categories must do so at US consular posts in a third country and will be subject to appropriate additional security measures.
Yemen – Visa processing for new B-1 business visitors, B-2 tourists and B-1/B-2 nonimmigrants is suspended indefinitely but processing for other nonimmigrant visas continues. Entry as an immigrant is suspended
Somalia – Visa processing for new B-1 business visitors, B-2 tourists and B-1/B-2 nonimmigrants is suspended indefinitely but processing for other nonimmigrant visas continues. Entry as an immigrant is suspended
Nationals of Myanmar, Eritrea, Kyrgyzstan, Nigeria, Sudan and Tanzania
A January 31, 2020 Presidential Proclamation, expanded the travel ban to place visa and entry restrictions on travelers from six additional countries: Eritrea, Kyrgyzstan, Mynamar, Nigeria, Sudan, and Tanzania. The new ban (Travel Ban 4.0) becomes effective at 12:01 eastern standard time on February 21, 2020. Travel Ban 4.0 contains restrictions on immigrants but not on nonimmigrants. Nationals from these countries applying for nonimmigrant visas like F-1 student, J-1 exchange visitor, H-1B worker etc. and admission to the U.S. should be prepared for additional security and vetting at the time of your visa application but this ban doesn’t suspend entry. We encourage you to discuss your particular situation with a member of the ISSO staff or an experienced immigration attorney before making travel plans. Please see below for specific restrictions per country. Please keep in mind that these restrictions are subject to change and the procedures to qualify for an exception may vary.
Myanmar – Entry into the United States of nationals of Myanmar (Burma) as immigrants, except as Special Immigrants whose eligibility is based on having provided assistance to the United States Government, is hereby suspended.
Eritrea – Entry into the United States of nationals of Eritrea as immigrants, except as Special Immigrants whose eligibility is based on having provided assistance to the United States Government, is hereby suspended.
Kyrgyzstan – Entry into the United States of nationals of Kyrgyzstan as immigrants, except as Special Immigrants whose eligibility is based on having provided assistance to the United States Government, is hereby suspended.
Nigeria – Entry into the United States of nationals of Nigeria as immigrants, except as Special Immigrants whose eligibility is based on having provided assistance to the United States Government, is hereby suspended.
Sudan – Entry into the United States of nationals of Sudan as Diversity Immigrants, as described in section 203(c) of the INA, 8 U.S.C. 1153(c), is hereby suspended.
Tanzania – Entry into the United States of nationals of Sudan as Diversity Immigrants, as described in section 203(c) of the INA, 8 U.S.C. 1153(c), is hereby suspended.
Waivers
Exceptions – The suspension of e shall not apply to any foreign national traveling on a diplomatic or diplomatic-type visa, NATO visa, C-2 via for travel to the UN, or G-2, G-2, G-3, or G-4 visa; or any foreign national who has been granted asylum to the US; any refugee who has already been admitted to the US; or any individual who has been granted withholding of removal, advance parole, or protection under the Convention Against Torture.
Waivers – A consular officer or CBP may, in their discretion, grant waivers on a case-by-case basis to permit entry if the following criteria are satisfied:
- Denying entry would cause undue hardship;
- Entry would not pose a threat to the national security or public safety of the US; and
- Entry would be in the national interest.
A waiver will allow for issuance of a visa, but will leave unchanged all other requirements for entry or admission. Examples of situations that might be appropriate for consideration of a waiver include
- The foreign national has been previously admitted to the US for a continuous period of work, study or other long-term activity and is seeking to reenter the US to resume that activity and denying reentry would impair that activity;
- The foreign national has previously established significant contacts within the US but is outside the US on the effective date for work, study or other lawful activity;
- The foreign national seeks to enter the US for significant business or professional obligations and the denial of entry would impair those obligations;
- The foreign national seeks to enter the US to visit or reside with a close family member (e.g. spouse, child or parent) who is a US citizen, green card holder or alien on a nonimmigrant visa and denial would cause the foreign national undue hardship;
- The foreign national is an infant, young child or adoptee, an individual needing urgent medical care, or someone whose entry is otherwise justified by the special circumstance of the case;
- The foreign national has been employed by, or on behalf of, the US government;
- The foreign national is traveling for purposed related to certain international organizations;
- Canadian permanent residents;
- Foreign nationals traveling as a US government-sponsored exchange visitor; or
- The foreign national is traveling to the US at the request of a US government department or agency for law enforcement, foreign policy or national security reasons.
U.S. Lawful Permanent Residents (U.S. “Green Card” holders who are citizens of a listed country)
Lawful U.S. Permanent Residents from these countries may be permitted to enter the U.S. with a valid Form I-551 (green card), valid temporary I-551 immigrant visa stamp, or valid advance parole. U.S. Permanent Residents from a listed country are encouraged to consult an experienced immigration attorney before attempting to reenter the U.S.
Dual Nationals (from a listed country and another non-U.S. country)
Dual citizens of one of these countries and another country not on the list, may enter the U.S. on the basis of a valid visa and valid passport issued by the country not on the list. Despite the clarifications in the new vetting procedures, we continue to urge nationals of these countries with valid nonimmigrant visas to be cautious in making travel plans as there is always risk associated with travel outside of the U.S.
The ISSO advises international students and scholars to discuss feasibility of any international travel plans and the documentation required for re-entry to the U.S. with an ISSO advisor or an experienced immigration attorney.
Nationals from ALL other countries (other than the listed countries)
If you are a citizen from any other country (other than the countries listed in the new vetting procedures) travel and visa restrictions should not apply to you at this time.
The revised EO gives the ability for the U.S. to add countries to the ban list in the future.
The EO also mandates “expedited completion” of a Biometric Entry-Exit Tracking System that will eventually apply to all travelers to the U.S., including nationals of all foreign countries.
For international students and scholars traveling outside of the U.S. who need to apply for a new visa, keep in mind that the EO eliminates mail-in procedures for visa applications and renewals effective immediately. All nonimmigrants applying for a visa (or renewing a visa) will be required to schedule an in-person appointment at a U.S. consulate or embassy. This change is expected to cause visa issuance delays during peak travel seasons.
Despite the clarifications revealed in the revised Executive Order, we continue to urge nationals of these countries with valid nonimmigrant visas to be cautious in making travel plans as there is always risk associated with travel outside of the U.S. and we have received anecdotal examples of inconsistencies in decisions and continued processing delays at US ports of entry.
The ISSO advises international students and scholars to discuss feasibility of any international travel plans and the documentation required for re-entry to the U.S. with an ISSO advisor or an experienced immigration attorney.
U.S. citizens (including U.S. citizens born in a listed country)
US citizens who also hold citizenship with one of the countries must enter the U.S. with a valid U.S. passport.