Presidential Proclamation

Presidential Proclamation is fully in effect

Page last updated: January 26, 2018, 1 p.m. Eastern Time

The U.S. Supreme Court has allowed these travel restrictions to go into full effect while other courts review the full case. That means that all individuals described below will not be able to obtain visas to enter the U.S., at least until the courts review the full case and make a final decision.

The U.S. Supreme Court will hear the case this spring and will probably release a decision by the end of June 2018.

Citizens of seven countries (Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen) will face new restrictions on entry to the United States under a proclamation signed by the U.S. president on September 24, 2017. This proclamation replaces the "travel ban" that was set to expire on the same day. In addition, while technically not included in the proclamation, citizens from Iraq will also face additional scrutiny.

Read the full proclamation

One key change to this proclamation is that it does not expire like the executive order it replaces. These restrictions will remain in place until the U.S. government determines each individual country meets its criteria.

You are not in danger of being removed from the country or having your visa revoked as a result of this proclamation. However, we are advising against travel outside of the United States at this time for all individuals affected by the proclamation. Some individuals will be subject to additional levels of security clearance review likely resulting in significant visa processing delays, and others are not eligible for a new visa if one is needed to return. Please consult closely with OIS prior to planning any travel outside of the United States.

When does the proclamation take effect?

The new travel restrictions are effective immediately for individuals who were subject to the two earlier executive orders.

For individuals newly subject to the proclamation, the effective date is October 18, 2017.

Who is impacted?

The proclamation only applies to foreign nationals who:

Are outside the United States on or after the effective date
Do not have a valid visa on or after the effective date
Do not qualify for a visa or valid travel document under the proclamation

Who is not impacted?

The proclamation does not apply to:

All existing immigrant and nonimmigrants currently holding a visa (i.e., individuals will not have their visas revoked)
Any lawful permanent resident of the United States
Any foreign national admitted or paroled into the United States on or after the effective date
Any foreign national who has an advance parole (travel) document that is valid on or after the effective date and that permits travel and to seek entry to the United States
Any dual national of a country when the individual is traveling on a passport issued by a non-designated country
Any foreign national granted asylum by the United States
Any refugee that has been admitted to the United States

Country-specific information

The proclamation treats each country differently. Below is a review of what the impact is for each individual country.

Chad (removed on April 13, 2018)

The travel restrictions for individuals from Chad were removed on April 13, 2018.

Iran

Suspension on entry and issuance of visas for immigrant visas (permanent residency/green card)
Suspension of the issuance of several nonimmigrant visas, H-1B, O-1, B-1, and B-2
Citizens will still be able to apply for student and cultural exchange visas (F-1 and J-1) if they undergo enhanced screening and vetting requirements (we do not know what these new requirements are at this time)

Iraq

Citizens will be subject to additional scrutiny to determine if they pose risks to the national security or public safety of the United States (we do not know what the additional scrutiny will entail at this time).

Libya

Suspension on entry and issuance of visas for immigrant visas (permanent residency/green card)
Suspension of nonimmigrant visas for business, tourist, and business/tourist (B-1, B-2, B-1/B-2)

North Korea

Suspension on entry and issuance of visas for immigrant visas (permanent residency/green card)
Suspension on entry and issuance of nonimmigrant visas (H-1B, F-1, O-1, J-1, B-1, and B-2)

Somalia

Suspension on entry and issuance of visas for immigrant visas (permanent residency/green card)
Citizens seeking nonimmigrant visas will be required to undergo additional scrutiny to determine if they are connected to terrorists organization or otherwise pose a threat to the national security or public safety of the United States (we do not know what the additional scrutiny will entail at this time)

Syria

Suspension on entry and issuance of visas for immigrant visas (permanent residency/green card)
Suspension on entry and issuance of nonimmigrant visas (H-1B, F-1, O-1, J-1, B-1, and B-2)

Venezuela

Suspension of entry and the issuance of nonimmigrant visas on business, tourist, and business/tourist visas (B-1, B-2, B-1/B-2) for certain government officials and their immediate families

Yemen

Suspension on entry and issuance of visas for immigrant visas (permanent residency/green card)
Suspension of nonimmigrant visas for business, tourist, and business/tourist (B-1, B-2, B-1/B-2)

Waivers

The proclamation permits, but does not guarantee, case-by-case waivers for citizens of the affected countries who meet certain criteria. That includes, but is not limited to:

Having previously worked, studied or engaged in a long-term activity in the U.S. for a continuous period of time and the denial of entry would impair that activity
Having previously established "significant contacts" with the United States for work, study or other lawful activity but is outside the United States on the effective date of the Proclamation
Having "significant business or professional obligations" in the United States and the denial of entry would cause the foreign national undue hardship
Seeking to visit or reside with a close family member (e.g., spouse, child, or parent) who is a U.S. citizen, lawful permanent resident, or alien lawfully admitted on a valid nonimmigrant visa, and the denial of entry would cause undue hardship
Having Canadian permanent residency and applying for a U.S. visa from a location within Canada