Trump Administration's 2025 Travel Ban

 

On June 4, 2025, President Donald Trump signed a presidential proclamation titled "Restricting the Entry of Foreign Nationals to Protect the United States from Foreign Terrorists and Other National Security and Public Safety Threats." This executive order imposes new travel restrictions on nationals from 19 countries, citing national security concerns and inadequate information-sharing practices.

Full Travel Ban: 12 Countries

Effective June 9, 2025, at 12:01 a.m. EDT, the U.S. will fully suspend the entry of both immigrants and nonimmigrants from the following 12 countries:

• Afghanistan, Burma (Myanmar), Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, Yemen

Partial Restrictions: 7 Countries

Nationals from the following seven countries will face heightened restrictions, which may include limitations on specific visa categories or increased scrutiny during the visa application process:

• Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, Venezuela

According to the White House proclamation, these partial restrictions generally include:

• Suspension or limitation of certain nonimmigrant visas, such as tourist (B-1/B-2), student (F, J), or temporary work (H, L) categories.

• Enhanced vetting and increased documentation requirements during visa application and border inspection.

• Visa issuance delays or denials for applicants deemed security or public safety risks.

• In the case of Venezuela, government officials and their families face specific restrictions, while ordinary citizens may be less impacted.

These partial restrictions are also set to take effect on June 9, 2025. 

Exceptions and Exemptions

The proclamation outlines several exemptions to the travel restrictions, including:

• U.S. lawful permanent residents (green card holders)

• Individuals with valid visas issued before June 9, 2025

• Dual nationals traveling on a passport from a non-designated country

• Individuals with close immediately family ties in the U.S.

• Select athletes and coaches participating in major international sporting events

• Refugees who have already been granted asylum

• Afghan allies of the United States

• Persecuted religious minorities from Iran

The Trump administration justifies the travel restrictions as necessary measures to protect U.S. citizens from potential terrorist threats and to ensure the integrity of the nation's immigration system. The administration also cited a recent attack in Boulder, Colorado, allegedly carried out by an Egyptian immigrant, as evidence of the dangers posed by inadequately vetted entrants and visa overstays.  It is noteworthy that Egypt is not among the banned countries.

Implementation Timeline

The travel restrictions are scheduled to go into effect on Monday, June 9, 2025, at 12:01 a.m. EDT. Visas issued before this date will remain valid, and individuals already present in the United States will not be affected by the new restrictions.  Legal challenges to the travel ban are expected. However, as of now, foreign nationals should plan their entry to the U.S. and international travel carefully in light of these changes.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

U.S. Visa Services Resumed in China

The U.S. Embassy in Beijing and U.S. Consulates General in Guangzhou, Shanghai, and Shenyang have resumed regular visa services as of November 9, 2021, in accordance with CDC guidelines. 

Chinese travellers may apply for visas to visit the United States now. They are reminded to provide proof of vaccination status and negative Covid test result prior to boarding a flight to the United States.  

This is after President Biden's order lifting the travel ban for 33 countries including China as of November 8, 2021.  

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.) 

US Will Accept Proof of Vaccination and Negative COVID Test Results in lieu of Travel Ban

Yesterday, the White House announced that it plans to cancel the blanket regional travel bans for visitors from China, Iran, the Schengen Area, U.K., Ireland, Brazil, South Africa, and Inida.  Instead, international travellers coming to the United States will be required to present proof of full COVID vaccination and proof of a negative test taken within three days of travel.  The new policy will be effective in early November 2021.

Instead of banning international travel based on countries of origin, the U.S. will focus on individual visitors' health profile under this new policy.

At this point, the White House has not decided which COVID vaccines that it will accept as proof of full vaccination. The CDC will make that decision later on.  

There are some limited exceptions to the vaccination/negative test requirements includng children, COVID-19 vaccine clinical trial participants and humanitarian exceptions for people "traveling for an important reason and who lack access to vaccination in a timely manner." It is expected that requests for exception will be granted sparingly. 

The U.S. has also extended the masking requirement through January 18, 2022.  At the same time, CDC will also implement more stringent pre-departure and post-arrival testing requirements.  Travellers must be prepared to spend longer time at the airports. 

Additionally, CDC will also issue a Contact Tracing Order.  The Order will require airlines to (1) collect comprehensive contact information for every passenger coming to the United States and (2) to provide that information to CDC upon request, and (3) to follow up with travelers who have been exposed to COVID-19 variants or other pathogens.

Under this new policy, travellers will be required to present proof of vaccination status before boarding a flight bound for the United States.  The specific type of proof has not been determined yet. 

For Americans coming back from foreign travel, they will be requried to provide proof of a negative test result taken within one day of their departure prior to boarding an airplane.  They will also be required to provide proof that they have purchased a viral test to be taken after arrival.

In sum, the new policy will allow more international travellers to travel to the United States for business and personal reasons.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.) 

US Extended Land Border Travel Restrictions with Canada and Mexico Till 08/21/2021

The US Department Homeland Security announced that the current travel restrictions on the US-Canada and US-Mexico borders will be extended until 08/21/2021.  The restrictions include travel by car through the as well as by ferries through the border ports of entry.  

Travel into the United States through its land border are restricted to "essential travel" only, which includes, but is not limited to:

• U.S. citizens and lawful permanent  residents returning to the United States;

• Individuals traveling for medical purposes (e.g., to receive medical treatment in the United States);

• Individuals traveling to attend educational institutions;

• Individuals traveling to work in the United States (e.g., individuals working in the farming or agriculture industry who must travel between the United States and Canada in furtherance of such work);

• Individuals traveling for emergency response and public health purposes (e.g., government officials or emergency responders entering the United States to support federal, state, local, tribal, or territorial government efforts to respond to COVID–19 or other emergencies);

• Individuals engaged in lawful cross-border trade (e.g., truck drivers supporting the movement of cargo between the United States and Canada);

• Individuals engaged in official government travel or diplomatic travel;

• Members of the U.S. Armed Forces, and the spouses and children of members of the U.S. Armed Forces, returning to the United States; and

• Individuals engaged in military related travel or operations.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.) 

Update on National Interest Exception Qualification - F-1, K-1, Immigrants, ESTA, etc.

The pandemic has dragged on into 2021 and it remains difficult to travel due to travel restrictions. The Department of  State has updated their policy on what exempts travelers from China, Iran, India, Brazil, South Africa, Schengen Area, United Kingdom, and Ireland from the ongoing U.S. entry ban. The following is the updated policy as of May 27, 2021.

People from the aforementioned areas can travel if it is for one of the following purposes. Journalists, immigrants, fiancé(e)s, exchange students and visitors of certain programs, and anyone traveling to provide vital economic and infrastructural support can enter. People looking to enter for humanitarian or public health response reasons can also qualify for this exemption. 

Qualified travelers can seek a NIE (National Interest Exception) visa or ESTA authorization (visa waiver) from their closest consulate/embassy. A NIE is valid for 30 days and good for only 1 trip to the U.S.

Students on a M-1 or F-1 visa do not need to request an individual NIE but can simply enter at most 30 days before their program begins. They are automatically considered for NIE qualification when found to be qualified for the F-1 or M-1 visa. If the student was in Brazil, China, India, Iran, or South Africa, then only programs beginning on or after August 1, 2021 qualify them for NIE . 

It has been difficult to travel for over a year now. Travel by NIE is a possible option for people that cannot delay their travel to the U.S. any longer. Anyone that thinks they meet the criteria is encouraged to consult their local embassy's website. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.) 

U.S. and Other Countries Imposed Travel Restrictions and Warnings Regarding India

On April 21, the US State Department issued a stern advisory warning against travel to India: "Do not travel to India due to COVID-19, crime, and terrorism."  

The Centers for Disease Control and Prevention (CDC) has issued a Level 4 Travel Health Notice for India due to COVID-19.   A Level 4 notice means that there is a very high level of COVID-19 in the country.  

U.S. citizens who must travel to India are strongly urged to get fully vaccinated before travel.  They should also continue to take personal health safety measures to protect themselves, including practicing social or physical distancing, cleaning hands with soap/hand sanitizer, wearing masks, and avoiding crowded areas with poor ventilation.  

Additionally, the CDC strongly recommends that travelers get flu shots before travelling to India to reduce the need to access the already overburdened local health system at this time.  Finally, U.S. citizens should continue to obey measures introduced by Indian officials designed to mitigate further outbreaks of the pandemic. 

In addition to COVID, the States of Jammu and Kashmir (except the eastern Ladakh region and its capital, Leh) are also dangerous destinations due to terrorism and civil unrest.  There is also potential for armed conflict within 10 km of the India-Pakistan border, according to the State Department.

The State Department also warned that violent crime, such as sexual assault, has occurred at tourist sites and in other locations in India.  Finally, terrorist attacks may also occur with little or no warning, targeting tourist locations, transportation hubs, markets/shopping malls, and government facilities.

Travelers should also note that the U.S. government has limited ability to provide emergency services to U.S. citizens in rural areas from eastern Maharashtra and northern Telangana through western West Bengal.  U.S. government employees must obtain special authorization before they can travel to these areas.

Although U.S. visa services have been slowly been resumed, some Consulates including Mumbai, New Delhi, Chennai have cancelled most immigrant and nonimmigrant visa appointments from mid-April  onward due to the pandemic.  Applicants should contact their location Consulate to confirm their appointments. 

Other countries including Germany, Australia, France, etc., have also imposed restrictions against travel from India.  Hong Kong has prohibited passenger flights from India, Pakistan, and the Philippines from landing in Hong Kong for 14 days as of April 20, 2021. Italy and Singapore have has restricted entry of travelers who were present in India during the last 14 days.  

Travelers to and from India should pay special attention with the travel plans.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

DHS Extends Land Border Travel Restrictions Until 05/21/2021

DHS has extended the temporary travel restrictions limiting travel of individuals from Canada and Mexico into the United States at land ports of entry through 5/21/21 due to COVID-19.  These restrictions were imposed in early 2020 and have been extended several times.  

Travel into the United States through its land border are restricted to "essential travel" only, which includes, but is not limited to:

• U.S. citizens and lawful permanent  residents returning to the United States;

• Individuals traveling for medical purposes (e.g., to receive medical treatment in the United States);

• Individuals traveling to attend educational institutions;

• Individuals traveling to work in the United States (e.g., individuals working in the farming or agriculture industry who must travel between the United States and Canada in furtherance of such work);

• Individuals traveling for emergency response and public health purposes (e.g., government officials or emergency responders entering the United States to support federal, state, local, tribal, or territorial government efforts to respond to COVID–19 or other emergencies);

• Individuals engaged in lawful crossborder trade (e.g., truck drivers supporting the movement of cargo between the United States and Canada);

• Individuals engaged in official government travel or diplomatic travel;

• Members of the U.S. Armed Forces, and the spouses and children of members of the U.S. Armed Forces, returning to the United States; and

• Individuals engaged in militaryrelated travel or operations.

DHS makes it clear that  traveling for tourism purposes (e.g., sightseeing, recreation, gambling, or attending cultural events) is not considered essential.

Other modes of travel such as air, freight rail, or sea travel into the United States are not restricted.  However, the exception does not apply to passenger rail, passenger ferry travel, and pleasure boat travel between the United States and Canada/Mexico. 

Immigrants, Fiancées, Certain Exchange Visas Exempt From COVID Travel Restriction Policy

Great news has come for those who have been waiting indefinitely from around the world for the immigrants (permanent residence), K-1 fiancé visa, or certain J exchange visitor visas because of the geographic COVID restrictions.  The State Department just announced new exemptions from the travel ban for them.   

Embassies and consulates in South Africa, Brazil, the Schengen Area, the United Kingdom, Ireland, China, and Iran will resume processing of the aforementioned visas after they were announced exempt from the Presidential Proclamation travel bans.  These regions were subject to many months of travel ban due to their high number of Covid cases.  

Embassies and consulates will prioritize immediate family members of U.S. citizens and Special Immigrant Visa applicants. Nonimmigrant foreign diplomats, travelers with urgent needs, and travelers assisting with the pandemic crisis have higher priority than students, exchange visitors (J visa) and temporary employment workers.

The J visa categories included are travel by an au pair with special skills to care for a minor USC, LPR, or lawful nonimmigrant, an au pair whose care prevents a USC, LPR, or lawful nonimmigrant from becoming a public health charge, or an au pair that cares for a minor with parents providing care to COVID patients. Participants in J visitor exchange programs with a valid agreement between a foreign government and any U.S. federal, state, or local government entity that is designed to promote U.S. national interests, and the agreement was in effect before June 24, 2020, also qualify for travel exemption. 

Others include trainees and specialized teachers with program numbers starting with G-3 and G-5 on their DS-2019. Travel for exchange programs that support certain foreign policy objectives is also allowed. 

Aircraft pilots and workers applying for B-1/B-2, B-1, M-1 visas, or through the Visa Waiver Program are also given exemptions to travel. M-2 dependents also can travel if the principal M-1 visa holder's training program is over 4 weeks long. 

Our office has received notices of visa appointments soon after this policy change, but it is important to note that this new policy may not be enforced in the same pace in different locations. Applicants are considered for exemption when interviewed at their respective consulate.   Each consulate or embassy will have more specific information on how it will carry out this policy, based on their resources and local conditions. Applicants should check with their local consulate for more instructions. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.) 

Biden Removed Immigrant Visa Ban

For the past year, immigrants have not been allowed to enter the U.S. due to former President Trump's Presidential Proclamation 10014. President Biden rescinded this proclamation on February 24, 2021 and reopened the American door to immigrants with approved petitions.  It should be noted that Proclamation 10014 and its extensions were set to expire on March 31, 2021.  

Due to this policy change, the American Embassies and Consulates will take actions as follows:

Immigrant visa applicants that have not yet been interviewed: Their applications will be processed according to local Consulate's existing phased resumption of visa services timeline.

Immigrants with valid visas but have been refused entry:  Some immigrants have already been interviewed and issued valid visas but refused entry due to 10014.  The U.S. embassy or consulate will reconsider their cases and notify them if additional documents or information are needed.  

Diversity Visa 2020 (DV-2020) applicants with valid visas:  If you have been issued diversity visas for  FY2020, you should seek entry into the United States immediately.  You passport may have this annotation, “Entry Subject to PP 10014.”  It should not be a problem any more. 

Individuals with expired DV-2020 visas:  They will not be issued replacement visas.  However, there is an exception.  Applicants who received diversity visas in 2020 as a result of orders in the court case Gomez v. Trump may travel to the United States on an expired visa.   The order may be changed or amended in the future. Hence, this group of DV applicants should come to the U.S. as soon as possible.  Further, the State Department has granted a national interest exception for Diversity Visa (DV) applicants for the 2020 fiscal year (DV-2020) with a valid immigrant visa.  They should be allowed to enter despite the geographic COVID-19 Presidential Proclamations (see below). 

DV-2020 without a valid visa:  Diversity visa applicants for DV-2020 who have not issued visas before September 30, 2020 will not be interviewed, scheduled, or reconsidered for visas.  The reason is that DV-2020 requires that visas must be issued before the end of the fiscal year, which ended on September 30, 2020.

Diversity Visa 2021 applicants:  DV applicants for the 2021 fiscal year (DV-2021) will be notified of  the scheduling of an interview based on the local embassy or consulate's reopening schedule. 

Geographic COVID-19 restrictions remain in effect:  President Biden keeps the entry restrictions against certain countries remain in effect.  Individuals who have been in these countries within the last 14 days are not allowed to enter the U.S.  The countries include: People’s Republic of China, Islamic Republic of Iran, Schengen Area, United Kingdom, Republic of Ireland, Brazil, and South Africa.  However,  immigrant visa applicants who are spouses  or children of U.S. citizens (IR/CR-1, IR/CR-2, IR/IH-3, and IR/IH-4), as well as spouses and minor children of LPRs (F2A), are exempt from the geographic COVID-19 P.P.s.  All other immigrant visa applicants including K fiancé nonimmigrant visa applicants remain subject to these geographic restrictions.  

Resumption of normal visa services:  U.S. embassies and consulates will continue resumption of normal visa services based on each location's situation.  They will continue to provide emergency and mission- critical visa services.  Applicants are advised to check the website of their local U.S. embassy or consulate for updates on what visa services are currently available.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.) 

Biden Revokes Muslin/African Travel Ban, Orders Consulates to Resume

President Joe Biden has already begun to reverse his predecessor's immigration policies. On the same day of his inauguration, Biden issued a Proclamation revoking Executive Order 13780 and Proclamations 9645, 9723, and 9983. These orders essentially banned entry of most Muslim country nationals.

There were exceptions to these bans which required a waiver, but there was no formal waiver application and consulates were mostly closed, which resulted in a large backlog. The Proclamation addresses these points first by ordering embassies and consulates to resume processing visas to the extent that COVID allows them. 

Biden also ordered plans to address applications that were affected by the bans, delivered within 45 days. It is to include expediting visa processing for those with pending waivers and to reconsider applications that were denied due to Trump's Proclamations. Plans also must ensure that the denied visas do not affect re-application. 

Further sections of the Proclamation orders a report within 120 days on improvements for current screening procedures and foreign exchange of information for vetting, with a focus on efficacy and diplomacy. 

Overall, immigration policy is taking a 180 degree turn with the new presidency. Trump's discriminatory travel bans have been revoked and there are policies in the making aimed at mitigating their effects. Anyone that was affected by the travel ban should contact their embassy on what to do next. 

Travel Ban Cancelled by Trump Temporarily for UK, Ireland, Brazil and Most EU Countries

On 1/18/2021, Trump signed an executive order which lifted the travel restrictions for non-US citizens arriving from the United Kingdom, Ireland, the Schengen Area, and Brazil. The ban on visitors coming from China and Iran would remain. The order will be effective on 1/26/2021.  However, President-elect Biden immediately responded by stating that he will reinstate the ban after he takes office.

Trump Extends Entry Ban to March 31, 2021

In April and June of 2020, when the pandemic was still in its early stages, President Trump issued Proclamations 10014 and 10052 to limit entry of immigrants and non-immigrants into the United States. The proclamations were renewed as the pandemic dragged on and have now once again been extended -- this time until March 31, 2021.

The proclamations affect visas issued before the initial rule was signed in on June 24, 2020. They basically ban legal immigration and entry of nonimmigrant visa-holders such as H-1B, H-4, L-1A, L-1B, L-2, J-1, and J-2. Almost every non-resident will be unable to enter the U.S. unless they are deemed a national interest exception or crucial to the food supply system. H-1B and L1 visas have milder restrictions, allowing for extensions and other exceptions. 

These two proclamations can be renewed yet again at the end of March 2021 if the pandemic does not let up, though the change in presidency will surely influence these policies. 

Travel from Canadian Border Restricted for Another Month

 As a response to the worsening COVID-19 situation, the Department of Homeland Security will be extending the travel limit at the Canadian border. Continuing from December 22, 2020 until January 22, 2021, only essential travel will be permitted to minimize contagion. 

Essential travel means U.S. Citizens, Permanent Residents, and army plus dependents returning to America. Travel to receive medical treatment and travel for military operations are also included.  Individuals that must travel for work (truck drivers for cross-border trade, agricultural work) or who are traveling to assist in public health and emergencies are also allowed to cross the border. 

Travel for tourism is explicitly listed as non-essential. As with throughout this pandemic, it is highly advised that you do not travel, especially if you are not a citizen or permanent resident. 

The US Consulates are closed: What happened to my visa application?

Since March 22, 2020, the US Embassies and Consulates worldwide have suspended all visa services due to COVID-19.  As a result, many individuals' visa applications are stuck in limbo.  Intending immigrants who are sponsored by their employers and family members are surely affected by the shut down of consular services. Even those who just wish to get a short-term visitor or business visa to enter the US are equally out of luck.  With the virus situation worsening in America, there are no definite reopening dates scheduled for most US Embassies and Consulates. 

Visas Not Issued Yet

In the midst of these uncertainties, it is important to know where one stands in the visa application process.  For immigrants, if your case is still being processed by the National Visa Center (NVC), instead of worrying about when the consulate will reopen, you should focus on completing your visa applications and gathering all required civil documents and financial documents for submission.  These are prerequisites before you can be issued an immigrant visa.  If you have already received notification by NVC that your case is "documentarily qualified," it means that NVC processing has been completed and your case is ready for the consulate visa interview (pending a few final steps such as a medical examination). In this situation, there is not much you can do now except wait for the assigned US Consulate office to reopen.  Also make sure that you maintain your visa eligibility (See below).

Visas Have been Issued

What if your visa has already been issued?  Before the abrupt shutdown of the US Embassies and Consulates all over the world, thousands of visa applications had already been approved and visas had been issued. However, due to the travel restrictions imposed by many countries, including those by the US, these individuals with approved visas have not been able to enter the US.  By law, an immigrant visa can only be issued for a maximum of 6 months.

Hence, many immigrant visa holders now have expired or expiring visas in their passports.  The good news is that, the consulate officers have the discretionary authority to issue a new visa to an applicant, provided that the applicant continues to be eligible for the visa.  Hence, this group of visa applicants should examine their case to see if their statuses have changed or if documents need to be updated.  It is important to note that life events such as marriages and divorces could affect your eligibility under a particular visa classification. Also make sure that your documents such as passport and police clearance are not outdated.  When in doubt, one should consult with a qualified US attorney for more information.


Aging-Out Children

Immigrants with older children must also be extra careful about their children's status.  For visa categories such as Family 3rd or 4th, the dependent children may immigrate with the principal applicants before the age of 21.  If a child has already reached 21 or is aging out soon, he or she could lose eligibility to immigrate. A special law called Child Status Protection Act may be invoked to save the child's eligibility if certain legal requirements are met.  In general, close attention must be paid to cases with aging-out children.


Some Visa Appointments May Resume Soon

Even though the situation seems gloomy, there is hope in the horizon.  There were reports that some US Embassies and Consulates were planning to schedule visa appointments for non-immigrant visas such as H-1B, B-1/B-2, F-1, O-1, and L-1, including Belgium, London, Beijing and Guangzhou.  However, Trump's most recent visa ban in June may negatively impact these Consulates' plans. Even if an applicant gets a visa stamp in his/her passport, he or she is still subject to President Trump's visa ban for both immigrant and non-immigrant visas until at least the end of the year unless the person qualifies for a waiver or exemption.

Check if You Are Exempted from the Visa Ban

President Trump's visa ban is quite broad, covering all overseas immigration.  For non-immigrant visas, only H-1B, H-4, H-2B,  L-1A, L-1B, L-2, J-1 and J-2 are banned.  Hence, one may still apply for a B-1/B-2 or F-1 visa to enter the US, assuming the embassy or consulate involved is open. Moreover, there are a few exceptions to the ban: Individuals who are lawful permanent residents, spouses and children of US citizens, those who can provide temporary services essential to the US food supply chain, and other individuals whose entry will benefit the national interest of the US.  Hence, individuals who are in the health care field (e.g., nurses, technicians, researchers) and other essential areas of services may qualify for exemption. There is no strict definition. It depends on how we present the case to the US Consulate. If you believe you may qualify for exemption, see legal advice immediately. If you don't make a request, you will never know.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Trump's Visa Ban Expanded to Cover H-1B, J-1, L-1 Visas Until December 31, 2020

As predicted, the White House released another proclamation by President Trump expanding the existing immigration ban imposed by Trump on April 22, 2020.  The initial ban restricted immigrants from entering the US for 60 days starting April 23, 2020.  Today's proclamation expanded the duration of the initial ban until December 31, 2020, effective June 24, 2020.  It means that nobody abroad can immigrate into the US for the rest of 2020. 

The new executive order - Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak - also added non-immigrant visas including H-1B, H-4, H-2B,  L-1A, L-1B, L-2, J-1 and  J-2 to the banned list. There are limited exceptions to the visa ban including:

- Individuals who are lawful permanent residents

- Spouses and children of US citizens

- Those who can provide temporary services essential to the US food chain supply

- Other individuals whose entry will benefit the national interest of the US

It is important to note that the ban does not apply to non-immigrant workers who are present in the US.  For examples, if you are in H-1B status now, you may extend your status within the US.  Or if you are a multinational company manager present in the US on a valid visitor visa, you should be allowed to file a petition to change to L-1A status. You should be able to apply for a visa to return too if you are to depart the US.  However, it would not be advisable to do so under the present conditions. Even if you can get a visa to return, you will certainly experience delays and other inconveniences.  

The ban also does not apply to individuals who already have valid US visas or other legitimate travel documents such as advance parole travel documents and transportation letters as of the effective date of June 24, 2020.  Hence, if you are outside of the US now but possess a valid US visa, you should be able to return to the US.  

The language of the ban does not cover other non-immigrant visas such as F-1/ M-1, O-1, TN, R-1, E-1, E-2, E-3, etc.  Hence, foreign nationals should still be able to apply for these visas from abroad. If you have graduated from an academic program in F-1 status, you are still eligible to apply for employment authorization to gain work experience under the OPT and STEM OPT programs.  

Although the ban will expire on December 31, 2020, it can be extended again should the US Government determines that entry of foreign workers will be detrimental to the US labor market.  

Further, the proclamation also has built-in measures for the Departments of Labor and Homeland Security to promulgate new regulations to further limit the H-1B program and the EB-2 and EB-3 immigrant visa programs.  The EB-2 Visa Program is used mostly by foreigners with advanced degrees or exceptional ability.  The EB-3 Visa Program is used by foreign professionals with bachelor's degrees or at least two years of work experience.  The proclamation also asks the Secretary of Labor to initiate investigations in regarding to any violations of the H-1B Visa Program. 

President's Next Move on H-1B Foreign Workers?

Since President Trump's executive order that blocked immigration from overseas for 60 days, there has been plenty of speculation on what the next order will entail.

Many predict that H-1B, H-2B, L-1, and J-1 visas will almost certainly be targeted. Entry will probably be temporarily blocked for the above workers/trainees who do not yet have their stamped visa. Exceptions could be made for reasons relating to the COVID-19 pandemic, likely for medical workers. It is unclear how visa-holders already in the country would be affected, though it is unlikely such a rule would affect existing approved or pending petitions.

In April, President Trump issued an order suspending immigration from overseas countries for 60 days.  Last month, the President also ordered a ban of issuing visas to Chinese students who have ties with universities in China that advocate the government's military policy.  Rumors from various sources suggest that Trump's next move will focus on non-immigrant visa categories and F-1 students' practical training programs.  

H-1B cases from this CAP season are also probable targets. A bar as described above would complicate entry for new H-1B workers set to work in FY 2021. Some say that these restrictions could last from 90 days up to 180 days. If not announced on mid-June, it is expected that the order will come by the end of the month.

Possible regulatory changes further down the road could affect employment under F-1 OPT and H-4 visas. H-4 employment authorization has been a target for termination for a while now. The STEM OPT extension to F-1 student's post-completion OPT could also be eliminated. Employment authorization could also be rescinded for refugees, asylees, and temporary protected status (TPS) holders. The H-1B program in general will likely be a target of regulation change as well, possibly through heightened requirements and fees.

This is all uncertain and based on rumors and speculation. Still, anyone with a visa mentioned above should take precautionary action, such as entering the country as soon as possible.  If you are eligible to file for an extension or change of status (e.g., H-1B), H-4 EAD, etc, you should act now.   It is also wise to have a plan regarding your immigration filings, as well as a backup plan should things didn't go as planned. It is more important than ever to seek advice of an experienced immigration attorney to evaluate your options.  

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.) 

Travel Restrictions with Canada & Mexico Extended Until May 21, 2020

Nonessential travel restrictions between US, Canada and Mexico will continue for another 30 days until May 21, 2020, according to an announcement by the Trump Administration yesterday. These restrictions were initially put in place on March 21, 2020, for 30 days. 

“Non-essential” travel includes travel that is recreational in nature.  Essential travel refers to transportation activities that will preserve support chains of essential items such as food, fuel and life-savings medicines. Daily travel between these countries to perform essential work is also allowed. 

Holders of US visas such as TN, F-1, H-1B, L-1, R-1, O, etc., are advised to refrain from traveling to Canada or Mexico to apply for visas.  Instead, they should file applications from inside the US to extend or change their status. 

U.S. Coronavirus Travel Restrictions: Q & A

On January 31, 2020,  the U.S. government declared the coronavirus as a public health emergency in the United States and initiated a series of measures to counter this deadly virus from China including mandatory quarantine and entry restrictions.The following questions and answers summarize the details.

Q.  I have a visa to enter the U.S. and I have been in China in the past 2 weeks.  Can I return to the U.S. now? 

A.  No, foreign nationals who have been to China in the previous 14 days are not allowed to enter the U.S. starting 5 p.m., EST, Sunday, February 2, 2020.  This ban applies to all immigrant and nonimmigrant visa classifications including as B-1, B-2, F-1, H-1B, L-1, O, R, etc. (subject to some exceptions below). 

Q.  How long will the entry restrictions last?
A.  The entry restrictions will be on-going until the President decides to end them.  The Secretary of Health and Human Services will make recommendations to the President after 15 days, and every 15 days thereafter, on whether to continue, modify, or terminate these restrictions.

Q:  I am a U.S. citizen who have been to China recently.  Can I return to the U.S.?

A.   U.S. citizens are not subject to the entry restrictions.  However, U.S. citizens who have traveled to Hubei, China, during the last 14 days will be subject to up to 14 days of mandatory quarantine when they return to the U.S.

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Q.  Are there any exceptions to the entry restrictions?
A.  Yes, the following categories of people are exempt:

• green card holders
• spouses of U.S. citizens or green card holders
• parents or legal guardians of U.S. citizens or lawful permanent residents who are unmarried and under the age of 21
• siblings of U.S. citizens or lawful permanent residents who are unmarried and under the age 21
• children of U.S. citizens or lawful permanent residents, and IR-4 or I-IH-4 prospective adoptees 
• air or sea travel crew members
• Other exempt individuals include foreign diplomas and their family members, foreigners exempt by the CDC Director or otherwise authorized by the U.S. government for other reasons.

Q.  I am an American citizen and I have elderly parents. Will they be allowed to come to the U.S.? 
A.  Parents of American citizens are not exempt unless the citizens are unmarried and under the age of 21.

Q. Do these restrictions apply to Chinese citizens only?

A.  No, these restrictions apply to all foreign nationals who have been to China in the past 14 days.

Q. I have been in Hong Kong and Macau in the previous 14 days. Am I subject to these entry restrictions?
A.  No.

Q.  I am an American citizen and I have been to China but not Wuhan.  Can I fly back to the U.S.?
A. U.S. citizens who have been in the rest of mainland China must first be screened at one of eleven U.S. airports: New York, Newark, San Francisco, Seattle, Virginia, Dallas, Detroit, Honolulu, Los Angeles, O'Hare, and Atlanta.

Q.  I am a Chinese citizen working/studying/visiting in the United States with a valid visa but my I-94 stay will expire soon. If I remain here, I will be overstaying my status.  What should I do?
A. There are two options.  You may file a request to extend or change your status in the U.S.  If this option is not available, then you may travel to another country other than China and re-enter the U.S. again (with a valid visa).


Travel ban expanded to the Schengen Area and other countries...

In March, Trump expanded the travel ban to the Schengen Area comprises 26 European states: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland. 

Iran added on Feb. 29. 

U.K. and Ireland were also added on March 14.

Brazil was added to the list on March 17.




(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.) 

New U.S. Air Travel Security Requirements Take Effect

Catching an international flight to the LAX?   Make sure you give yourself enough time for some new security measures imposed by the U.S. government at check-in. Starting Thursday, October 26, 2017, international U.S.-bound travelers are subject to additional security screening during the check-in process.

What to Expect at Check-In?

Under the new security measures, passengers are subject to short interviews or questioning by airline staff.  They will be asked to provide details of their trip, such as the purpose of the trip, where they will be staying at, who they will be staying with, etc.  Also questions will be asked about their luggage and hand-carried items. Did they pack their luggage themselves?  Did they take any items from others?  If so, do they know what is inside?   Electronic devices may also likely be examined carefully.  Because different airlines may train their employees differently, passenger experiences may vary when boarding different flights.

Why are These Measures Imposed?

The U.S government has been beefing up its security measures to counter terrorist attacks during the last decade.  For example, a ban on laptops inside the flight cabins was imposed on 10 targeted Middle Eastern countries and their airlines previously.   In June, the U.S. Department of Homeland Security announced a hose of new measures for aviation travel including: Enhancing overall passenger screening; Conducting heightened screening of personal electronic devices; and Increasing security protocols around aircraft and in passenger areas; and Deploying advanced technology, expanding canine screening, and establishing additional preclearance locations.  The airlines had 120 days to comply.

Impact of the New Security Measures

The new measures affect approximately 2,100 flights coming from 280 international airports carrying approximately 325,000 air passengers daily to the U.S. from 105 countries.  Hence, they are bound to create some confusion at the beginning.  Many airlines remind their passengers to arrive the airport at least 3 hours before the scheduled flight.  The reaction is mixed.  Some passengers find the new measures annoying while others think that they are necessary to improve security.

Important Reminders

Nowadays, many people travel internationally for business or personal reasons.  To make sure that you have a safe and event-free trip, you should take certain measures.  Bringing a valid passport with  6 to 12 months of validity period is required. Make sure you pack your own luggage and do not accept anything from others.  Have your trip itinerary and related documents handy so that you can answer questions quickly.  Remember, in addition to the airline employees, the immigration officers at the destination airports will also be asking you questions. If you carry a mobile device or a laptop computer, make sure that you don't have any personal or private information inside, as these devices can be subject to search and examination by the authorities.

Travel Ban Takes Effect on June 29, 2017!

By now most people should have heard about the U.S. Supreme Court's partial lifting of the injunction against the Trump's Administration's travel and refugee ban against nationals of six designated countries - Syria, Iran, Libya, Somalia, Sudan, and Yemen.  The ban shall be effective 72 hours after the injunction has been lifted, which should be Thursday, June 29, 2017.

Is everybody from these countries banned from entering America? According to the Supreme Court, the travel and refugee bans "may not be enforced against foreign nationals who have a credible claim of a bona fide relationship with a person or entity in the United States.”   In reality what does it mean?

Visitors Who Should be Allowed to Enter

Based on the Supreme Court decision and also previous memoranda of the Trump Administration, the following individuals should be allowed enter the U.S. under the travel ban: 

• Lawful permanent residents (green card holders)
• Individuals already granted asylum or refugee status
• Individuals protected by Convention against Torture
• Advance parole holders
• Diplomas and dual nationals
• Business visa holders (H, L, E, O P, Q, R)
• Employment based immigrant visa holders
• Individuals with family relationship in the U.S.
• Student visa holders (F, M, J)
• B-1 visa holders with a bona fide relationship with U.S. entity
• B-2 visa holders with U.S. family connection

Individuals Who Will Likely be Excluded

Based on the U.S. Supreme Court ruling, certain groups of individuals will be barred from entering the U.S. for at least 90 days. as they would not be able to establish a bona fide relationship with a person or entity in America:

• Refugees without family connection or a relationship with a refugee resettlement agency
• B-1 visa holders without a formal, documented relationship with a U.S. entity (e.g., somebody coming here for a short course or training, or for meetings with potential customers)
• B-2 visa holders without close family relationship (The Supreme Court decision used spouse and mother-in-law as examples of bona fide family relationship. Hence, individuals with more distant family relationships such as uncles, aunts, cousins, etc., will likely be banned).
• Employment visa holders without sponsorship of a U.S. entity (Some EB visas such as EB-1A extraordinary ability aliens and National Interview Waiver recipients do not require sponsorship of a U.S. entity.  Hence, although not very likely, they could also be excluded). 

If in doubt, visitors from these countries should consult with an experienced immigration lawyer before attempting to make an entry into the U.S. 

Persons who are banned from entry should not attempt to create a "bona fide" relationship with a U.S. entity to meet the legal standard for entry, as such actions will likely backfire.  The Customs and Border Patrol (CBP) officers will require evidence of an established, long-term, and formal relationship rather than makeshift documents created to get around the travel ban.  Travelers are especially warned not to use any fake or fraudulent documents.  

Looking ahead, although the Supreme Court has scheduled the related cases for oral arguments in October to determine the constitutionality of these travel bans.  These legal issues will likely be moot by then as the travel ban will only be implemented for 90 days.  There are also other tools that the Supreme Court can use to avoid making a decisions on the merits of these cases.  Consequently, it is not likely that we will get any landmark constitutional law decision in the fall.  

(AILA Doc. No. 17012670)