Memorandum: U.S. Travel Ban 3.0

March 11, 2020

On January 31, 2020, President Trump issued a Presidential Proclamation expanding the existing travel ban to include the following countries: 

• Myanmar (Burma)
• Eritrea
• Kyrgyzstan
• Nigeria
• Sudan
• Tanzania

The proclamation can be viewed in its entirety here.

Important Details

• The new travel ban went into effect February 21, 2020 at 12:01AM Eastern Standard Time (EST).
• Individuals from countries on the new travel ban who have received their visas on or before February 21, 2020 can still enter the U.S. However, Avant’s attorney strongly suggests those travelling after the implementation of the ban carry a copy of the proclamation with them. 
• All Registered Nurses with Avant are processed under employment-based Immigrant visas, so issuance of these visas will be suspended during the time the ban is in place.  
• Avant continues to process healthcare professionals through recruitment, NCLEX and immigration, despite the ban/suspension. 
• The expanded ban has no expiration date. The U.S. government will be reviewing the banned countries on October 1, 2020 and annually thereafter. If the banned countries comply with the U.S. on information sharing, the country may be removed from the banned list. 
• Every version of the travel ban has impacted families in significant ways. With the expanded travel ban, we anticipate that more families in qualifying relationships under the immigration statute will be separated and that more parents and loved ones will be unable to travel to the United States to witness key events like the birth of a grandchild or marriage of a child. 

The chart below lists each country with the types of visas that are restricted for each one: 

COUNTRY NAME	TYPE OF RESTRICTION
Eritrea, Kyrgyzstan, Myanmar, Nigeria	All immigrant visas except those who have provided special assistance to the U.S. government.
Iran	All immigrant and nonimmigrant visas except J (exchange visitor), M (vocational student), and F (student). Permitted visa holders subject to enhanced screening.
Libya, Yemen	All immigrant and visitor visas (other nonimmigrants are not banned).
North Korea	All immigrant and nonimmigrant visas.
Somalia	All immigrant visas, plus enhanced screening of all others.
Sudan, Tanzania	Immigrant visas under the Diversity Visa Lottery
Syria	All immigrant and nonimmigrant visas.
Venezuela	Certain government officials and their family members.

Questions

What is an immigrant? What is a non-immigrant? 

• Immigrants refer to those who are seeking admission to the United States on a permanent basis through family, employment, or through the Diversity Visa Lottery Program. 
• For those on the Avant program, you are processed through an employment-based immigrant visa. 
• Non-immigrants refer to those who are seeking admission to the United States on a temporary basis, such as business visitors, tourists, students, exchange students, scholars, and temporary workers. This includes B1/B2, H1B, F1 visas, etc.

Does the expanded travel ban affect those holding a valid visa? 

• No. For example, if you have a visa that was issued before the effective date, the ban does not apply to you.

What are the exceptions to the travel ban? 

The exceptions previously allowed for the first travel ban continue to be in place and apply to the six new countries. Those cover the following:

• any lawful permanent resident (i.e. green card holder) of the United States;
• any foreign national subject to the bans who were IN the United States on the applicable effective date for either travel ban; 
• any foreign national who had a valid visa on the applicable effective date for either travel ban;
• any foreign national who qualifies for a visa or other valid travel document, such as advanced parole before the effective date; 
• any national who is admitted to or paroled into the United States on or after the applicable effective date;
• any national who has a document other than a visa, valid on the applicable effective date that permits travel to the United States and seek entry or admission, such as advance parole;
• any dual national of a banned country traveling on a passport from a non-banned country;
• those with diplomatic visas, except certain Venezuelan government officials and their family members; and
• asylees, admitted refugees, those granted withholding of removal or protection under the Convention Against Torture. Any following to join refugees/asylees.

Why was the travel ban expanded? 

The government’s position is that the new countries pose a national security risk or fail to meet baseline requirements. Critics of the ban argue that it is discriminatory and based on impermissible factors, such as national origin and religion. 

Follow up communication: 

As there are updates about the ban that affect your process, Avant will send communication of these. 
We will also log them on our website blog for your reference.

For specifics on your case, please communicate directly with your Immigration Specialist.

*The information contained in this fact sheet is provided for educational purposes only and not as part of an attorney-client relationship. It is not a substitute for legal advice.

Source: “Practice Alert: Summary of Presidential Proclamation 9645 (Travel Ban 3.0),” AILA Doc. No. 20020190, Dated January 31, 2020.