Note: this information changes frequently as the government imposes more and more restrictions on travelers to the U.S. Subscribe to our blog for updates.
As of July 30 2020 there are 10 different travel bans restricting entry to the U.S. President Trump announced the first, the Muslim travel ban, in 2017 but the rest were issued in 2020. Five of the 2020 travel bans were issued to prevent the spread of COVID-19 by international travelers who were in certain areas in the previous 14 days. These include China, Iran, the European Schengen Area, Ireland and UK, and Brazil.
Two of the 2020 bans restrict immigrant (green card) and nonimmigrant (temporary) visas in certain categories, on the pretext of protecting the jobs of U.S. workers during the pandemic and resulting economic catastrophe in the U.S.
There are numerous lawsuits challenging the various bans, especially those affecting the issuance of immigrant and nonimmigrant visas. In the meantime what can you do if you believe you’re affected by these bans?
- First you need to determine which ban affects you. It might be more than one. For example, a Dutch national in the Netherlands applying for an H-1B temporary worker visa would be subject to two different bans: the June 22 ban on nonimmigrant visas including H-1Bs, and the March 11 ban on travelers of any nationality who were in the Schengen area (26 European countries) less than 14 days before traveling.
- There are specific exemptions from each ban so the next step is to determine if you are automatically exempt. Five 2020 bans apply to people who were in China, Iran, the European Schengen Area, Ireland and UK, and Brazil in the previous 14 days. The following people are exempt from these bans:
- any lawful permanent resident of the United States;
- any alien who is the spouse of a U.S. citizen or lawful permanent resident;
- any alien who is the parent or legal guardian of a U.S. citizen or lawful permanent resident, provided that the U.S. citizen or lawful permanent resident is unmarried and under the age of 21;
- any alien who is the sibling of a U.S. citizen or lawful permanent resident, provided that both are unmarried and under the age of 21;
- any alien who is the child, foster child, or ward of a U.S. citizen or lawful permanent resident, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications;
- any alien traveling at the invitation of the United States Government for a purpose related to containment or mitigation of the virus;
- any alien traveling as a nonimmigrant pursuant to a C-1, D, or C-1/D nonimmigrant visa as a crewmember or any alien otherwise traveling to the United States as air or sea crew;
- any alien (A) seeking entry into or transiting the U.S. pursuant to one of the following visas: A-1, A2, C-2, C-3 (as a foreign government official or immediate family member of an official), E-1 (as an employee of TECRO or TECO or the employee’s immediate family members), G-1, G-2, G-3, G-4, NATO-1 through NATO-4, or NATO-6 (or seeking to enter as a nonimmigrant in one of those NATO categories); or (B) whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement;
- any alien whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement;
- any alien who is a member of the U.S. Armed Forces and any alien who is a spouse or child of a member of the U.S. Armed Forces;
- any alien whose entry would not pose a significant risk of introducing, transmitting, or spreading the virus, as determined by the Secretary of Health and Human Services, through the CDC Director or his designee;
- any alien whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee; or
- any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designees.
NOTE: The last 3 categories above are subject to review/recommendation so you can’t just turn up at the airport and declare that they apply to you. See below.
- If you are in one of the exempt categories above based on your visa category, relationship to a U.S. citizen or LPR, or membership in the Armed Forces and already have a visa to travel, or if you don’t require a visa (this applies to ESTA/Visa Waiver Program travelers, and Canadians), then you can bypass the Department of State and head straight to the airport. You will need to bring documentation to show why you are exempt, e.g. a marriage or birth certificate. If the U.S. citizen or LPR spouse, child, parent or sibling is not traveling with you, you should also take documents showing the relative’s status such as a copy of her/his passport or green card.
- The last three categories above may require advance authorization to travel. The State Department and specific embassies have started issuing guidance on the National Interest Exemption. Take a look at the State Department’s information on national interest exceptions (NIEs) which states that F-1 and M-1 visa holders do not need to apply for an NIE. Others do, and will need to contact their embassy or consulate; first check the information on their website.
- Be aware that airlines must be satisfied you meet entry requirements before they will board you. So get to the airport early.
- If you are traveling from one of the five restricted areas you will need to fly into one of 15 authorized U.S. airports. You may need to quarantine for 14 days after entry.
- Another option to consider is flying to a non-restricted area such as a Caribbean island and staying there for 14 days, then travel to the U.S. But you will still need a visa to enter the U.S., or qualify for visa-free travel (ESTA, Canadians).
- The immigrant ban (April 22) and nonimmigrant ban (June 22) are different in nature. These are based on whether you already have a visa in one of the affected visa categories and/or travel document, and whether you were in or outside the U.S. on the date the ban went into effect:
- The April immigrant visa ban suspends entry for new immigrants outside the U.S. without a valid visa on 4/23 who do not already have an approved immigrant visa or travel document on the effective date of April 23. This ban lasts until December 31, 2020. A valid travel document can be issued after 4/23 which will allow travel.
- The immigrant visa ban does not apply to LPRs; healthcare professionals, research or work related to combating COVID, & derivatives; the spouse or child of a U.S. citizen; EB-5 visa applicants; a person whose entry would further law enforcement interests; Special Immigrant Visa Entry; entry in the “National interest”; applicants for adjustment of status to permanent residence; children aging out (turning 21); and fiancés of U.S. citizens. As above, you will need to make your case for a National Interest Exception through the local embassy or consulate and we suggest you consult an immigration attorney. Note: parents and siblings of U.S. citizens are not automatically exempt.
- The nonimmigrant (NIV) travel ban applies to certain categories until Dec. 31, 2020. Others including visitors, students and others are allowed to enter (but may be subject to the area restrictions above). The restricted visa categories are H-1B; L-1 intracompany transferees; H-2B seasonal workers; J-1 exchange visitors in certain J categories; and dependents of the above. The ban does not apply if on June 24 the individual was in the United States; or held a valid non-immigrant visa stamp and seeks to reenter the U.S. on that stamp; or held another valid travel document such as advance parole or travel letter on June 24.
- The nonimmigrant ban does not apply to LPRs; spouses and children of U.S. citizens; the entry is in the ‘national interest’ or is to provide temporary labor or services essential to the U.S. supply chain.
- There are specific criteria for qualifying as a national interest exception under the nonimmigrant ban:
- Entry is critical to the U.S. national defense, law enforcement, diplomacy or national security; or
- The person is involved in providing medical research and care to COVID patients; or
- Entry is necessary to facilitate the immediate and continued economic recovery of the U.S.
- The nonimmigrant NIE criteria may also apply to immigrant waivers; it’s not yet clear. Again you’ll have to make your case succinctly but with strong evidence.
The Muslim and African bans are not related to COVID. You can apply for waivers but they’re difficult. The first ban applies to nationals of seven countries: Iran,
Libya, North Korea, Somalia, Syria, Venezuela, and Yemen who are prevented from entering the United States, with some exceptions. The administration expanded the Muslim Ban in Jan. 2020 to suspend issuance of all immigrant visas for individuals from Eritrea, Kyrgyzstan, Myanmar (Burma), and Nigeria, and diversity visas for individuals from Sudan and Tanzania . You can see full details of the bans, exceptions, and waivers in our February 2020 summary post.
Finally, most embassies and consulates abroad are still closed for routine appointments so your next challenge is getting in touch with them and/or making an appointment and the persuading them to expedite it. Check the embassy website for guidance as this changes rapidly. And you may well need to contact an immigration attorney to help prepare your case for a National Interest Exception. It should be strong but brief, both in writing and in person
