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Presidential Proclamation on Suspension of Entry as Nonimmigrants of Certain Students and Researchers from the People’s Republic of China
On May 29, 2020, President Trump signed the “Proclamation on the Suspension of Entry as Nonimmigrants of Certain Students and Researchers from the People’s Republic of China”. The proclamation suspends U.S. entry of certain nationals of the People’s Republic of China (PRC) on an F-1 or J-1 visa.
Who is impacted?
- New graduate F-1 or J-1 students and visiting scholars who:
- Currently receive funding, are employed by, study at, or conduct research at or on behalf of “an entity in the PRC that implements or supports the PRC’s ‘military-civil fusion strategy'”
- Have previously been employed at, studied at, or conducted research at or on behalf of “an entity in the PRC that implements or supports the PRC’s ‘military-civil fusion strategy'”
Who is not impacted?
- All new and continuing undergraduate students
- All legal U.S. permanent residents
- A spouse of a U.S. citizen or legal permanent resident
- New and continuing F-1 or J-1 graduate students and visiting scholars who are in a field of study that “will not contribute to the People’s Republic of China military-civil fusion strategy”
How will the proclamation be enforced?
The U.S. Secretaries of State and Department of Homeland Security, in consultation with the U.S. Attorney General, will implement procedures to identify and enforce the proclamation “as it applies to entry of aliens”. The proclamation is vague in some areas. It does not indicate specific criteria to identify individuals or programs of study aligned with People’s Republic of China “military-civil fusion strategy”.
We will update this page when we receive additional information.
What is “military-civil fusion strategy”?
“Actions by or at the behest of the PRC to acquire and divert foreign technologies, specifically critical and emerging technologies, to incorporate into and advance the PRC’s military capabilities.”
Effective date: June 1, 2020 – until further notice
What is UW-Madison doing in response?
UW-Madison will continue to issue I-20 and DS-2019 services to incoming and current F-1 and J-1 students until we receive further guidance stating otherwise.
Presidential Proclamations on Novel Coronavirus
Proclamation of January 25, 2021 signed by President Biden imposes entry restrictions to the U.S. for travelers who were physically present in one of the countries listed below in the 14 days preceding entry to the U.S.
- South Africa (effective January 30, 2021 at 12:01 a.m. EST)
- China
- Iran
- European Schengen Area (effective January 26 at 12:01 a.m. EST)
- Ireland and United Kingdom (effective January 26 at 12:01 a.m. EST)
- Brazil (effective January 26 at 12:01 a.m. EST)
This proclamation bans entry to the United States of most foreign nationals who have traveled to China or Iran within the 14 days immediately before their attempt to enter the U.S.
Please monitor the U.S. Department of State website for any changes.
UW-Madison students currently outside the United States should read our COVID-19 (coronavirus, or 2019nCoV) page for further instructions. Updated Mar. 17, 2020, 5:17 p.m.
Travel Ban 3.0
Executive Order 13780 was rescinded by President Biden on January 20, 2021.
Travel Ban 3.0, officially known as Executive Order 13780 Section 2, affects 7 countries. The latest version was upheld on June 26, 2018, and is still in effect.
The Travel Ban 3.0 affects nationals of the countries listed below who are outside the U.S. without a valid visa on or after the effective date.
If you meet one of the conditions below, you are exempt from the Travel Ban 3.0:
- You are inside the U.S. on or after the effective date. You should have a valid passport, I-20/DS-2019, and I-94.
- You have a valid U.S. visa on or after the effective date. You should have a valid passport and I-20/DS-2019.
Even if you are exempt from the Travel Ban, you may still face increased scrutiny when entering the U.S. or applying for a new F or J visa. If you are from one of the countries on the list, you should consult an ISS advisor before you plan any travel. In some cases, it may be recommended that you consult an immigration attorney.
Travel Ban Countries
wdt_ID | Country | Effect |
---|---|---|
1 | Chad | Chad is no longer subject to Travel Ban 3.0 effective April 13, 2018. |
2 | ||
3 | Libya | Entry as an immigrant is suspended Entry is suspended for nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas. Entry under other types of nonimmigrant visas is not suspended |
4 | Iran | Entry "under valid student (F and M) and exchange visitor (J) visas is not suspended, although such individuals should be subject to enhanced screening and vetting requirements." Entry as an immigrant and other nonimmigrant visas is suspended |
5 | North Korea | Entry under any immigrant or nonimmigrant visa is suspended |
6 | Syria | Entry under any immigrant or nonimmigrant visa is suspended |
7 | Venezuela | Entry is suspended for nonimmigrants on B-1 and B-2 visas, but only for officials of government agencies involved in screening and vetting procedures and their immediate family members Entry under other visa types may face additional scuritiny |
8 | Yemen | Entry as an immigrant is suspended Entry is suspended for nonimmigrants on B-1 and B-2 visas Entry under other types of nonimmigrant visas is not suspended |
9 | Somalia | Entry as an immigrant is suspended Entry as a nonimmigrant may be subject to additional scrutiny |
10 | Iraq | Iraq is not one of the countries on the list, but individuals may face increased scrutiny |
Travel Ban Waiver
A waiver may be granted on a case-by-case basis. It is the decision of the consular officer to grant you an F or J visa. There is no specific waiver application. You should apply for your F or J visa as normal, but you will need to prepare additional documentation to prove:
- The denial of your entry would cause you undue hardship
- Your entry will not pose a threat to the national security of the U.S.
- Your entry to the U.S. is in the national interest of the U.S.
Some examples of evidence you may be able to provide to support your F or J request for a Travel Ban waiver may include:
- You were previously admitted into the U.S for a continuous period of work, study, or other long-term activity and you intend to return to the U.S. to resume that activity and your denial of entry will impede that activity. For example, full-time enrollment or authorized period of post-completion OPT or post-completion Academic Training.
- You have established significant contacts in the U.S. and you are outside the U.S. on work, study, or other lawful activity.
- You are entering the U.S. for significant business or professional obligations and your denial of entry will impede those professional obligations.
- You are entering the U.S. to live with a close family member and your denial of entry will cause undue hardship. An example is a dependent seeking entry to the U.S. to live with an F-1 or J-1 visa holder.
- You are a Canadian permanent resident and you are applying for a visa at a location in Canada.
- You are entering the U.S. as a J-1 exchange visitor sponsored by the U.S. Government.
The information on this page was adapted from NAFSA Association of International Educators.
Travel Ban 4.0
Proclamation 9983 was rescinded by President Biden on January 20, 2021.
In Proclamation 9983 on January 31, 2020, the travel ban was expanded to place visa and entry restrictions on six more countries: Eritrea, Kyrgyzstan, Myanmar, Nigeria, Sudan, and Tanzania. This will not impact the acquisition of nonimmigrant visas like the F-1 student visa or J-1 exchange visitor visa at this time. Updated Feb. 13, 2020.