New Travel Restrictions Related to the Coronavirus (COVID-19)

**UPDATE** On April 30, President Biden issued a proclamation suspending entry into the U.S. of certain nonimmigrants who were physically present in India during the 14-day period immediately preceding their attempted entry. This proclamation takes effect on May 4.

On the same day, the U.S. Department of State made a national interest determination regarding categories of travelers who are eligible for an exception under regional COVID-19 proclamations, now including India:

Immigrants
Fiance(e)s
Students and certain academics covered by exchange visitor programs; an NIE (National Interest Exception) is available only if their academic program begins August 1, 2021 or later
Travelers who will provide vital support for critical infrastructure sectors
Journalists
Pilots and aircrew traveling to the U.S. under certain circumstances
Certain exchange visitors
Derivative family members accompanying a noncitizen who is excepted from or otherwise not subject to the Proclamation and who is engaging in certain types of long-term employment, studies or research for four weeks or longer

Per the Department of State, NIEs are also available to qualified travelers seeking to enter the U.S. for purposes related to humanitarian travel, public health response and national security.

**UPDATE** On May 25, the U.S. government expanded the Coronavirus-related travel ban to now include Brazil. The president signed a proclamation barring entry of foreign nationals who were physically present in Brazil within the 14 days preceding their attempted admission into the U.S. This entry ban will take effect tonight at 11:59 p.m. and will remain in place until the proclamation is lifted by the president.

The ban does not apply to the following travelers, but they may still be subject to quarantine by federal officials:

U.S. citizens;
U.S. lawful permanent residents;
Spouses or children of U.S. citizens or lawful permanent residents;
A foreign national who is the parent or legal guardian of a U.S. citizen or permanent resident if the U.S. citizen or permanent resident is unmarried and under the age of 21;
A foreign national who is the sibling of a U.S. citizen or lawful permanent resident, provided that both the U.S. citizen or permanent resident are unmarried and under the age of 21;
A foreign national 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;
A foreign national traveling at the invitation of the U.S. government for a purpose related to containment or mitigation of the COVID-19 virus;
Nonimmigrant crewmembers;
Foreign nationals seeking entry or transiting the United States under an A, C, E-1 (TECRO or TECO), G and NATO visas;
A foreign national whose entry would not pose a significant risk of transmitting the virus, as determined by the Centers for Disease Control and Prevention;
A foreign national whose entry would further important U.S. law enforcement interests or would be in the U.S. national interest; and
Members of the U.S. armed forces, their spouses and children.

These travelers will undergo COVID-19 screening upon arrival, where they will be asked about their medical history, their current physical condition, and for their contact information, which will be shared with local health authorities. Travelers might also be directed to immediately home-quarantine in accordance with CDC guidelines.

Additionally, if a person is able to enter the U.S. coming from countries designated by the CDC as Level 3 for COVID-19, per NC State University guidance, he/she should self-quarantine and not come to campus. For more information about self-quarantine procedures, please visit NC State’s coronavirus site.

This situation remains very fluid as the outbreak grows and additional information is shared. For the most up-to-date national and international information, please visit the Centers for Disease Control and Prevention’s website and the World Health Organization’s website.

**UPDATE** On April 23, the U.S. Department of State (DOS) clarified that the proclamation issued by the President on April 22 is not retroactive and that it will not revoke any already-issued, valid visas. DOS also reiterated that “routine visa services have been suspended at U.S. posts worldwide, but as resources allow, embassies and consulates will continue to provide emergency and mission critical visa services for applicants who are not subject to this presidential proclamation.”

**UPDATE** On April 22, President Trump issued a proclamation that suspends entry into the U.S. of certain foreign nationals as immigrants (permanent residents) for 60 days, subject to possible extension. The order takes effect at 11:59 pm on April 23.

Executive Summary of NC State Impact

This proclamation will have little effect on our campus, with the possible exception of community members who, through family relationships or other personal processes, intended to have other family members obtain immigrant visas to come into the U.S. as permanent residents in the near future.

Who Is Impacted by this Proclamation?

The order specifically affects only the following immigrants who:

Are physically outside of the U.S. on the effective date;
Do not have an immigrant (permanent) visa that is valid on the effective date; and
Do not have an official travel document other than a visa (such as an Advance Parole, transportation letter, or boarding foil) that is valid on the effective date or any date thereafter that permits travel to the U.S. to seek entry or admission.

This proclamation only affects a limited group of prospective immigrants – those who are outside of the U.S. on the effective date and who haven’t been issued an immigrant visa stamp and additional travel document by a U.S. consulate or embassy overseas.

Please note that the U.S. Department of State had already suspended most visa services worldwide (both nonimmigrant and immigrant) in light of the COVID-19 pandemic.

Who Is Exempted?

This order specifically exempts the following foreign nationals:

U.S. lawful permanent residents;
Those seeking enter the U.S. on an immigrant (permanent) visa as a physician, nurse or other healthcare professional to perform medical research or other research intended to combat the spread of COVID-19, or perform work essential to combating, recovering from, or otherwise alleviating the effect of COVID-19; and any spouses and unmarried children under 21;
Applicants for an EB-5 Immigration Investor visa;
Spouses of U.S. citizens;
Children under 21 of U.S. citizens and prospective adoptees in IR-4 or IH-4 visa classifications;
Those whose entry would further important U.S. law enforcement objectives;
Members of the U.S. Armed Forces and their spouses and children;
Those seeking entry into the U.S. pursuant to a Special Immigrant Visa in the SI or SQ classification, and their spouses and children; or
Those whose entry would be in the U.S. national interest.

State Department consular officers (at U.S. consulates and embassies overseas) will have discretion to determine whether an immigrant has established eligibility for one of the exemptions mentioned above.

What about Nonimmigrants?

This proclamation does NOT directly impact any permanent resident or nonimmigrant (H-1B, TN, E-3, O-1, F-1, J-1, etc.) who is already physically present in the U.S. It does not prevent the filing of new, amendment, extension or change-of-status nonimmigrant petitions, and it does not prevent nonimmigrants from filing I-485 applications to become permanent residents. It also does not suspend processing of any already-filed I-485 petitions.

**UPDATE** On Wednesday, March 11, the U.S. government expanded the Coronavirus-related travel ban to the 26 countries of the Schengen Area in Europe. The president signed a proclamation barring entry of foreign nationals who were physically present in any of the Schengen countries within the 14 days preceding their attempted admission into the U.S. This entry ban took effect at 11:59 p.m. on Friday, March 13, and will remain in place until the proclamation is lifted by the president.

The Schengen Area is comprised of the following countries: 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.

Additionally, effective at 11:59 pm on Monday, March 16, this travel ban is also in effect for foreign nationals physically present in the U.K. and Ireland within the 14 days preceding their attempted admission into the U.S.

The ban does not apply to the following travelers, but they may still be subject to quarantine by federal officials:

U.S. citizens;
U.S. lawful permanent residents;
Spouses or children of U.S. citizens or lawful permanent residents;
A foreign national who is the parent or legal guardian of a U.S. citizen or permanent resident if the U.S. citizen or permanent resident is unmarried and under the age of 21;
A foreign national who is the sibling of a U.S. citizen or lawful permanent resident, provided that both the U.S. citizen or permanent resident are unmarried and under the age of 21;
A foreign national 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;
A foreign national traveling at the invitation of the U.S. government for a purpose related to containment or mitigation of the COVID-19 virus;
Nonimmigrant crewmembers;
Foreign nationals seeking entry or transiting the United States under an A, C, E-1 (TECRO or TECO), G and NATO visas;
A foreign national whose entry would not pose a significant risk of transmitting the virus, as determined by the Centers for Disease Control and Prevention;
A foreign national whose entry would further important U.S. law enforcement interests or would be in the U.S. national interest; and
Members of the U.S. armed forces, their spouses and children.

These travelers will be directed to one of the 13 U.S. airports equipped for COVID-19 screening, where they will be asked about their medical history, their current physical condition, and for their contact information, which will be shared with local health authorities. Travelers will also be directed to immediately home-quarantine in accordance with CDC guidelines.

Please also note that numerous U.S. Embassies and Consulates have cancelled nonimmigrant and immigrant visa appointments in light of the COVID-19 virus. Some are reportedly also issuing preliminary refusal notices (known as “221(g) notices”) on pending applications, with plans on revisiting these visa applications once the crisis subsides. Though there are jurisdictions that remain open for scheduling routine visa and passport appointments, this is expected to change rapidly in the coming days.

International Employment (IE) is carefully monitoring these developments and will provide additional information and updates as available and warranted. If you have questions regarding new employment sponsorship for someone traveling from Europe, China or Iran (or any country that CDC designates as Level 3 for COVID-19), please consult with IE or our Office of International Services.

**UPDATE** On Monday, March 2, 2020 at 5 pm, a new presidential proclamation took effect that imposes travel restrictions on certain foreign nationals who were present in Iran within 14 days of attempting to enter the U.S. Please see the list at the bottom of this message for people who are exempt from the new ban. Foreign nationals who have traveled to Iran within 14 days of their entry to the U.S. but are exempt from this new ban could be subject to the same or similar quarantine measures required for people exempt from the China travel restrictions. This new entry ban will remain in place until the proclamation is lifted by the president.

**On Friday, Jan. 31, 2020, the U.S. government declared a public health emergency and the president signed a proclamation barring entry of foreign nationals who were in China within the 14 days preceding their attempted admission into the U.S., which is the coronavirus’ longest known incubation period. This entry ban will remain in place until the proclamation is lifted by the president.

Additionally, since Sunday, Feb. 2, 2020, the Trump administration is directing all flights coming to the U.S. from China to land at one of only 11 major airports where passengers will be screened for symptoms of the coronavirus. U.S. citizens returning from China’s Hubei province will be subject to a mandatory 14-day quarantine, and U.S. citizens returning from other parts of mainland China will be subject to advanced screening and a self-imposed quarantine to monitor their health.

The 11 airports are John F. Kennedy International Airport in New York; Newark Liberty International Airport in New Jersey, Chicago O’Hare International Airport in Illinois; San Francisco International Airport in California; Seattle-Tacoma International Airport in Washington; Daniel K. Inouye International Airport tin Hawaii; Los Angeles International Airport in California; Hartsfield-Jackson Atlanta International Airport in Georgia; Dallas-Fort Worth International Airport in Texas; Detroit Metropolitan Airport in Michigan; and Washington-Dulles International Airport in Washington, DC.

Most U.S. airlines and numerous foreign airlines have cancelled, suspended or drastically reduced flights to and from China, so travel between that country and the U.S. (as well as from China to other countries) will be difficult at best. Please see a recent memo from NC State addressing university-sanctioned travel to China here.

Additionally, all U.S. consulates in China have cancelled all visa appointments indefinitely as of Monday, Feb. 3, 2020, but are providing information about closures and consular operations on their websites. USCIS is temporarily closing its field offices in Beijing and Guangzhou, and will reschedule all affected appointments and send new appointment notices to applicants. Foreign nationals with visa appointments outside of China, but who traveled to China within 14 days of their visa appointment, may see delays in issuance of their visas.

This entry ban does not apply to the following foreign nationals coming from China, but these individuals may still be subject to quarantine:

U.S. lawful permanent residents;
The spouse or children of a U.S. citizen or lawful permanent resident;
The parent or legal guardian of a U.S. citizen or permanent resident, if the U.S. citizen or permanent resident is unmarried and under the age of 21;
The sibling of a U.S. citizen or lawful permanent resident, provided that both are unmarried and under the age of 21;
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;
A foreign national traveling at the invitation of the U.S. government for a purpose related to containment or mitigation of the virus;
Nonimmigrant crewmembers;
Foreign nationals seeking entry or transiting the United States under an A-1, A-2, C-2, C-3, G-1, G-2, G-3, G-4, NATO-1 through NATO-4 or NATO-6 visa;
A foreign national whose entry would not pose a significant risk of transmitting the virus, as determined by the Centers for Disease Control; and
A foreign national whose entry would further important U.S. law enforcement interests or would be in the U.S. national interest.

This situation remains very fluid as the outbreak grows and additional information is shared. For the most up-to-date information, please see the Centers for Disease Control and Prevention (CDC) website (https://www.cdc.gov/), the World Health Organization (WHO) website (https://www.who.int/), and for NC State University-related updates, please see https://healthypack.dasa.ncsu.edu/student-health-services-update-on-coronavirus-2019-2019-ncov/.