On January 31, 2020, the Trump administration expanded the current Travel Ban (commonly referred to as “Travel Ban 3.0”), which has been deemed lawful by the U.S. Supreme Court, to include additional countries. As with prior versions of Travel Ban 3.0, the expansion suspends entry by preventing visa issuance to citizens and nationals of the listed countries. As the ban is a visa issuance restriction and not an entry restriction, nationals from the affected countries who already hold visas may continue to use those visas.
Updated table of affected countries
The following table details the restrictions for nationals of all countries affected under the expanded iteration of the ban:
|
Country |
Nonimmigrant Visas |
Immigrant and Diversity Visas |
|
Eritrea (eff. Feb. 21, 2020) |
No restrictions |
No immigrant visas* |
|
Iran |
No nonimmigrant visas except F, M, and J student visas |
No immigrant or diversity visas |
|
Iraq |
Subject to additional screening |
Subject to additional screening |
|
Kyrgyzstan (eff. Feb. 21, 2020) |
No restrictions |
No immigrant visas* |
|
Libya |
No B-1, B-2, and B-1/B-2 visas |
No immigrant or diversity visas |
|
Myanmar (Burma) (eff. Feb. 21, 2020) |
No restrictions |
No immigrant visas* |
|
Nigeria (eff. Feb. 21, 2020) |
No restrictions |
No immigrant visas* |
|
North Korea |
No nonimmigrant visas |
No immigrant or diversity visas |
|
Somalia |
Subject to additional screening |
No immigrant visas |
|
Sudan (eff. Feb. 21, 2020) |
No restrictions |
No diversity visas |
|
Syria |
No nonimmigrant visas |
No immigrant or diversity visas |
|
Tanzania (eff. Feb. 21, 2020) |
No restrictions |
No diversity visas |
|
Venezuela |
No B-1, B-2 or B-1/B-2 visas for certain government officials and their family members |
No restrictions |
|
Yemen |
No B-1, B-2, and B-1/B-2 visas |
No immigrant or diversity visas |
* Except for Special Immigrants whose eligibility is based on having provided assistance to the United States Government.
Note: Chad was removed effective April 13, 2018.
A few notes on terminology
The term “nonimmigrant” refers to temporary or short-term visas such as business visitors, tourists, students, exchange visitors, and temporary workers such as H-1B, L-1, O-1, etc.
The term “immigrant” refers to permanent residency (f.k.a. “green cards”) issued at U.S. Embassies and Consulates outside the United States. Adjustment of Status applications filed in the U.S. are not “immigrant visas.”
The term “diversity visa” refers to the annual Diversity Lottery Program or “Green Card Lottery.”
Possible exemptions to the ban
There are several exemptions to the Travel Ban, including:
Any affected national already in the United States;
Any affected national who already has a valid visa;
Any affected national who is already a Lawful Permanent Resident (“green card” holder);
Any affected national who has a non-visa travel document, such as an advance parole;
Any dual national of a designated country when traveling on a passport issued by a non-designated country;
Foreign nationals traveling on certain diplomatic visas;
Any applicant who has been granted asylum, refugee status, or related protections;
Canadian Permanent Residents may qualify for a case-by-case waiver;
Hardship and “national interest” waivers will be available on a case-by-case basis.
© Jewell Stewart & Pratt PC 2020