UPDATE -- 10/18/2017Federal Court Blocks Enforcement of Travel Ban 3.0 on Iran, Libya, Syria, Yemen, and Somalia; Bars on N. Korea and Venezuela Still in Effect.
On October 17, 2017, a federal court issued a ruling granting a Temporary Restraining Order blocking enforcement of Trump’s Travel Ban 3.0, which was set to go into effect on October 18, 2017. Under Travel Ban 3.0, new visa issuance restrictions were set to go into full effect on October 18, 2017 for nationals of six Muslim-majority countries (Chad, Iran, Libya, Syria, Somalia and Yemen) as well as for North Korea and Venezuela. The travel restrictions on North Korea and Venezuela were not included in the Temporary Restrictive Order, and remain in effect.
We’ll continue to provide further updates on the Travel Ban 3.0 as they become available.
A Presidential Proclamation (PP) that affects travel into the U.S. by some citizens of eight countries was issued on September 24, 2017. Rather than a total ban on entry to the United States, the new ban differs by country. The eight countries subject to the PP are Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen.
A PRESIDENTIAL PROCLAMATION THAT AFFECTS TRAVEL INTO THE U.S. BY SOME CITIZENS OF EIGHT COUNTRIES WAS ISSUED ON SEPTEMBER 24, 2017. THE NEW RULES VARY BY COUNTRY.
The Department of State (DOS) posted an Alert on its website that includes a chart explaining what types of visas are being suspended from issuance to citizens of each of the designated countries. See https://travel.state.gov/content/travel/en/news/important-announcement.html
• Sudan: Previously imposed travel restrictions have been lifted for all nationals.
• Iraq: Travel restrictions had been previously lifted by Executive Order 13780. No new travel restrictions imposed, but nationals are subject to additional screening measures.
• Chad: Suspends entry of all immigrants. Suspends entry of non-immigrant visas only under B-1/B-2 (visitors for business or tourism).
• North Korea: Suspends entry of all immigrants and non-immigrants.
• Venezuela: Suspends the entry of certain government officials and their family members on business or tourist visas (B-1/B-2).
FULL BAN on TRAVEL REMAINS
• Syria: Suspends entry of all immigrants and non-immigrants
Amended Travel Ban
• Iran: Suspends entry of all immigrants. Suspends entry of all non-immigrants except F (student), M (vocational student) and J (exchange visitor) visas, though they will be subject to enhanced screening.
• Libya: Suspends entry of all immigrants. Suspends entry of non-immigrant visas only under B-1/B-2 (visitors for business or tourism).
• Somalia: Suspends the entry of all immigrants. No suspension of non-immigrants but requires enhanced screening of all non-immigrants.
• Yemen: Suspends entry of all immigrants. Suspends entry of non-immigrant visas only under B-1/B-2 (visitors for business or tourism).
The implementation of the proclamation at U.S. embassies and consulates abroad is as follows:
From 3:30 p.m. EDT on Sunday, September 24, 2017 until 12:01 a.m. EDT on Wednesday, October 18, 2017
• Nationals of Iran, Libya, Syria, Yemen, and Somalia: Nationals of these five countries will generally remain under suspension of travel except for those individuals who have credible claim of a " bona fide relationship" with a close family member or entity in the United States. For definitions of close family member or entity, please access the DOS link above. If the national does not qualify for this exemption, they may be eligible for other exceptions or waivers listed in the PP.
• Nationals of Sudan: As of 3:30 p.m. EDT on Sunday, September 24, 2017, Sudanese nationals are no longer subject to travel restrictions.
• What It Means for WVU: Due to the “ bona fide relationship” standard, the travel restrictions are not expected to have a significant impact on WVU. Most students, exchange visitors, employment-based nonimmigrants and immigrants, and their dependents, should be able to meet this condition, and should therefore continue to be protected from the proclamation restrictions. In practical terms, they have agreements to study, work, or conduct research at WVU. For example, evidence of this relationship includes a student’s I-20 (for F-1 student) or DS-2019 (for J-1 students), WVU ID card, official transcript, assistantship letter, etc.
Beginning 12:01 a.m. EDT on Wednesday, October 18, 2017
• Nationals of Chad, Iran, Libya, North Korea, Syria, Venezuela, Yemen and Somalia: the exceptions and waivers listed in the Proclamation are applicable for qualified applicants. See the DOS Chart under the link above for specific information on the type of visas that are subject to the proclamation.
• Pay Special Attention: The bona fide relationship (to family and entity) exception is no longer applicable under Phase 2
• What It Means for WVU: since students, exchange visitors, employment-based nonimmigrants and immigrants, and their dependents will no longer benefit from the bona fide relationship to the entity (WVU), they may only benefit from the proclamation exceptions and waivers listed below.
Who is Exempt from the Presidential Proclamation / For both Phase 1 and 2 of Implementation:
• The proclamation does not apply to those INSIDE THE U.S., or those who already have a valid U.S. visa on the applicable effective date;
• Any dual national of a country designated under the PP when traveling on a passport issued by a non-designated country
• Any lawful permanent resident (LPR) of the United States
• For further exceptions from the proclamation, see DOS link above.
Who Can Benefit From a Waiver:
To be considered on a case-by-case basis when the entry is deemed in the national interest, would not threaten national security or public safety, and denial would cause undue hardship. For more information, see the proclamation link at: https://www.whitehouse.gov/the-press-office/2017/09/24/enhancing-vetting-capabilities-and-processes-detecting-attempted-entry
Please consult with International Students and Scholars Services office for any travel outside the United States.