 |
On August 12, 2021, the U.S Department of State updated their website posting on National Interest Exemptions (NIE) with some additional frequently asked questions (FAQ).
Of specific interest is an FAQ that states that a person would not need to get an NIE issued by the US Embassy/Consulate for each travel restricted country visited on a trip, but that one NIE would cover travel to multiple regions:
“If I receive an NIE to travel from one region under a COVID-19-related presidential proclamation, can I use the same NIE to travel within 12 months from a separate region that is also under a COVID-19-related presidential proclamation restricting travel?
Yes, all valid NIEs approved by the Department of State apply to all COVID-19-based Presidential Proclamations.”
ISchO recommends that international scholars who have been in a country subject to U.S. travel restrictions, and who require an NIE, check with their airlines before arriving at the airport, to be sure they they will have all the appropriate documentation needed to board the airplane bound for the U.S
UPDATED 07/22/2021: USDHS/USCBP has posted to the Federal Register that the Non-Essential travel restriction at land ports of entry between Canada, the U.S. and Mexico has been extended for an additional period (to August 21, 2021). This travel restriction has been in place since March 21, 2020.
A copy of the Federal Register Notice on the U.S.-Canada travel restrictions can be found here.
A copy of the Federal Register Notice on the U.S.-Mexico travel restrictions can be found here.
* * * *
USCBP has previously posted on its Twitter an infographic listing what is eligible “Essential Travel”.
In the original announcement released by USDHS on March 20, 2020, “Non-Essential” is defined in the notice as including “travel that is considered tourism or recreational in nature”. While this does not reference entering the U.S. as a student, scholar, or worker, it will be important to evaluate travel plans if there is an urgency to return to the U.S. in the event the restrictions are enhanced and include students/scholars.
USDHS, as well as Canadian and Mexican authorities, have reviewed and extended multiple times the travel restrictions in 30-day increments since March 20, 2020.
Please see the USDHS Fact Sheet on the U.S.-Canada-Mexico travel restrictions issued here.
On July 6, 2021, the U.S. Department of State announced an Extension of validity for National Interest Exceptions (NIEs) for Travelers from China, Iran, Brazil, South Africa, the Schengen Area, the United Kingdom, Ireland, and India. The extension applies to travelers subject to Presidential Proclamations restricting travel from or through China, Iran, Brazil, South Africa, the Schengen area, the United Kingdom, Ireland, and India, who have been granted NIEs. Per the announcement, unless otherwise indicated, existing NIEs, previously granted by U.S. Consulates, and which may appear to have expired, will be “valid for 12 months from the date of approval and for multiple entries, as long as they are used for the purpose under which they were granted."
Prior to this update, an approved NIE was only valid for travel/entry to the U.S. for 30 days and only one entry.
Details about the original Presidential Proclamation, subsequent updates, and National Interest Exceptions and can be viewed on the Major Immigration Alerts & Updates, as well as ISchO News and ISO Visas and Travel pages.
On May 27, 2021, the U.S. Department of State provided updated guidance regarding certain individuals traveling to the U.S (including those in F and M student visa status and certain academics in J exchange visitor programs) from the restricted countries mentioned below.” For details, please see the MIT Major Immigration Updates page.
On April 26, 2021, the U.S. Department of State announced that certain individuals (including those in F and M student visa status and students and certain academics covered by J exchange visitor programs) traveling to the U.S. from China, Iran, Brazil, South Africa, the Schengen Area, the United Kingdom, and Ireland may be eligible for a “National Interest Exemption” (NIE) to the current 14-day travel restrictions from those countries under various Presidential Proclamations related to COVID-19. However, eligible students and exchange visitors traveling from China, Iran, Brazil, or South Africa may only qualify for a NIE as of August 1, 2021 or later. Based on the guidance provided, eligible travelers from the Schengen Area, the United Kingdom, and the Republic of Ireland continue to be eligible for the NIE based on the July 16, 2020 guidance for those countries.
On April 30, 2021, USDOS announced that students and certain “academics” from India have been added to the National Interest Exemption eligibility list with China, Iran, Brazil, and South Africa effective August 1, 2021.
The USDOS announcement also states that students with valid F-1 and M-1 visas intending to begin or continue an academic program commencing August 1, 2021 or later do not need to contact an embassy or consulate to seek an individual NIE to travel. Students seeking to apply for new F-1 or M-1 visas should check the status of visa services at the nearest embassy or consulate; those applicants who are found to be otherwise qualified for an F-1 or M-1 visa will automatically be considered for an NIE to travel. This guidance would also apply to students on F-1 post-completion Optional Practical Training or STEM OPT Extension.
While no additional documentation is officially required for F-1/F-2 visa holders to present upon entry to the U.S. showing this exemption we strongly recommend that they print out a copy of the official announcement from the U.S. State Department, available here (April 26, 2021 announcement) and here (April 8, 2021 announcement). MIT recommends travelers contact their airline prior to their travel date to be sure they will have no difficulty boarding their flight to the U.S. (and in case any changes in policy are posted).
J-1 and J-2 visa holders, and scholars in other visa statuses (e.g. H-1B, O-1), should contact their local U.S. Embassy/Consulate to make a NIE request, and receive written approval, prior to travel to the U.S. Please note that once granted, NIEs are only valid for 30 days, for a single entry into the U.S.
Additional resources on NIEs and COVID-19 related travel restrictions are available on the NAFSA: Association of International Educators website here.
The ISO and ISchO will be sure to notify students/scholars via email and on the ISO Updates page and the ISchO News page with any updates or clarifications issued by the U.S. Department of State on the travel restrictions.
If any questions arise, please feel free to contact your ISO Advisor or ISchO Advisor.
The U.S. Embassy & Consulates in Russia website indicates that routine immigrant and nonimmigrant visa services have been suspended. No date is given regarding the possible resumption of services. This follows a previous announcement that, effective May 12, 2021, the U.S. Embassy in Moscow would reduce consular services including non-immigrant (F-1, J-1, H-1B) visa processing and many U.S. citizen services.
Please contact the International Scholars Office with questions regarding incoming Russian teachers and researchers who have not yet arrived in the U.S. Please contact the International Students Office with questions about admitted students from Russia.
On April 30, 2021, President Biden signed a Presidential Proclamation/Executive Order adding India to the list of countries subject to COVID-19 travel restrictions for entry to the U.S. within 14 days of being physically present in India.
This Executive Order restricts/suspends entry to the U.S. for “noncitizens of the United States who were physically present within the Republic of India during the 14 day period preceding their entry or attempted entry into the United States.”
This Executive Order is effective at 12:01am Eastern U.S. Time on May 4, 2021. This order does not apply to persons aboard a flight scheduled to arrive in the United States that departed prior to 12:01 a.m. eastern daylight time on May 4, 2021.
The April 30, 2021 Executive Order will continue these restrictions until otherwise ended by a subsequent order.
A full copy of the Proclamation is available here.
India joins China, Iran, Brazil, South Africa, and the Schengen area of Europe (including the United Kingdom and Republic of Ireland) under the current COVID-19 travel restrictions.
NOTE: The U.S. Department of State announced late in the evening on April 30, 2021 that India will be added to the National Interest Exemption (NIE) to these travel restrictions for student visas (F, M), certain J exchange visitor categories, and certain “academics.” Please see the separate announcement here.
The ISO and ISchO will be sure to update the community on the Major Immigration Alerts & Updates webpage, and on the ISchO News page. Please contact your ISO Advisor or ISchO Advisor if you have any questions.
On April 27, 2021 the U.S. Department of State announced that all in-person and interview-waiver visa appointments are cancelled at the U.S. Embassy in New Delhi, and the Consulates in Chennai, Hyderabad, and Kolkata until May 15, 2021 due to COVID-19. The U.S. Consulate in Mumbai is only providing emergency services to U.S. citizens and emergency visa services.
Due to limited appointment availability and uncertainty surrounding COVID, consular posts are not currently able to reschedule any canceled appointments or respond to inquiries about future cancellations or appointment availability. Please see the full announcement here.
The situation is India is evolving. ISO and ISchO will continue to monitor developments and post updates to the Major Immigration Updates page and the ISchO News page.
ISchO staff will contact DLC HR administrators directly regarding Indian scholars for whom visa documents have been or are expected to be issued, and current Indian scholars who are known to be abroad.
On April 19, 2021, the U.S. Department of State (DOS) published a Travel Advisory Update. It states that “the COVID-19 pandemic continues to pose unprecedented risks to travelers. In light of those risks, the Department of State strongly recommends U.S. citizens reconsider all travel abroad.” The travel advisory also indicates “this update will result in a significant increase in the number of countries at Level 4: Do Not Travel, to approximately 80% of countries worldwide.” DOS regularly updates its travel advisories on this website.
While this warning is addressed to U.S. nationals, the risk of international travel at this time applies to all travelers, including foreign nationals.
If you have an essential, unavoidable need to travel internationally, please remember to consult with an advisor in the International Scholars Office before making travel arrangements. You can email the ISchO staff at ischo@mit.edu.
Presidential Proclamation 10052, which temporarily suspended the entry to the U.S. of certain H-1B, H-2B, L nonimmigrants, and certain J Exchange Visitors, expired on March 31, 2021.
The following is from a U.S. Department of State announcement on this topic. As always, international scholars should seek the advice of an advisor in the ISchO before traveling.
Visa applicants who have not yet been interviewed or scheduled for an interview will have their applications prioritized and processed in accordance with existing phased resumption of visa services guidance. Visa applicants who were previously refused visas due to the restrictions of Presidential Proclamation 10052 may reapply by submitting a new application including a new fee.
The resumption of routine visa services, prioritized after services to U.S. citizens, is occurring on a post-by-post basis, consistent with the Department’s guidance for safely returning our workforce to Department facilities. U.S. Embassies and Consulates have continued to provide emergency and mission-critical visa services since March 2020 and will continue to do so as they are able. As post-specific conditions improve, our missions will begin providing additional services, culminating eventually in a complete resumption of routine visa services. Applicants should check the website of their nearest U.S. Embassy or Consulate for updates on the services that post is currently offering.
On February 24, 2021, President Biden released a Proclamation revoking the prior administration’s suspension of immigrant visas due to the 2019 corona virus outbreak (Proclamation 10014, section 1 of Proclamation 10052 and section 1 of Proclamation 10131). The “immigrant” visa allows an individual to enter the US as a permanent resident (I-551 stamp).
On January 25, 2021, President Biden signed an Executive Order to maintain the COVID travel restrictions for entry to the U.S. within 14 days of being physically present in Brazil and most countries of Europe (Schengen countries, including the United Kingdom and the Republic of Ireland). The order also confirms that the COVID travel restrictions continue for those who have been physically present in Iran or China within 14 days of travel to the U.S.
The order also adds South Africa to the 14-day entry restriction to the U.S.
NOTE: While the Order does not specifically reference the U.S. Department of State notice on National Interest Exemption procedures for F-1 and J-1 visa holders to the Schengen/United Kingdom/Ireland travel restriction to the U.S., the U.S. Department of State has responded to inquiries from professional associations that these exemption procedures remain in place. F-1 visa holders remain exempt; J-1 student/scholar visa holders must continue to obtain a written exemption from the local U.S Embassy/Consulate before each trip to the U.S. All Students/Scholars are also advised to carry a printed version of the Schengen/UK/Ireland exemption information from the U.S. Department of State website available here.
MIT recommends that travelers also contact their airline to verify any restrictions on boarding flights to the U.S.
These travel restrictions (except for South Africa) have been in place since Summer 2020. The Trump Administration announced on January 19, 2021 that the restrictions on Brazil and Schengen countries (including the UK and Ireland) would expire on January 26, 2021. The Biden Administration then announced that it planned to extend the COVID-related travel restrictions once in office given current COVID conditions in the U.S. and in the designated countries.
The January 25, 2021 Executive Order will continue these restrictions until otherwise ended by a subsequent order.
A copy of the full Executive Order is available here.
On January 20, 2021 President Biden issued a Proclamation on Ending Discriminatory Bans on Entry to The United States. This Proclamation revokes the following Executive Orders issued by the Trump Administration, also known as the “Travel Bans”:
*Executive Order 13780 of March 6, 2017: clarifications on countries identified in Executive Order 13769 of January 27, 2017 that places visa/travel restrictions on Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen, also referred to as the “Muslim Ban”, and new limitations on refugees to the U.S.
*Proclamation 9645 of September 24, 2017: addition of countries to the previous travel restriction, including Chad, Iran, Libya, North Korea, Venezuela, and Yemen; additional restrictions on Iraq, Syria, and Somalia.
*Proclamation 9723 of April 10, 2018: removed the Chad from the travel restriction list.
*Proclamation 9983 of January 31, 2020: immigrant and certain other non-immigrant visa limitations of additional countries due to incomplete sharing of security data resulted in the following countries facing travel restrictions, including Burma/Union of Myanmar, Eritrea, Kyrgyzstan, Nigeria, Sudan, Tanzania.
The January 20, 2021 Proclamation from the Biden Administration directs the U.S. Department of State to resume visa processing for individuals affected by the bans and to develop plans to reconsider immigrant visa denials issued under the bans. All visa applications continue to be subject to security check reviews, including “administrative processing”, and do not guarantee visa issuance as all applications are considered individually on their merits under U.S. policies.
The full text of the January 20, 2021 Proclamation can be found here.
The U.S. Department of State has also posted updates concerning relevant executive orders and proclamations on its website, here.
Under a new federal Order that will take effect January 26, 2021, air passengers arriving to the US from a foreign country will be subject to new COVID-19 testing requirements. Passengers will be required to get tested for COVID-19 infection no more than 3 days before their flight departs and to provide proof of the negative result or documentation of having recovered from COVID-19 to the airline before boarding their flight. For more information on this testing requirement, see the Centers for Disease Control and Prevention’s Frequently Asked Questions.
On December 31, 2020, the Trump administration announced the extension of the following two policies:
National Interest Exceptions to these Proclamations may be possible. Please consult an advisor in the International Scholars Office.
We do not yet know what steps the new Biden administration will take with regard to immigration policies when it takes office on January 20, 2021. Therefore, it is best to plan with these developments in mind and consult an advisor in the International Scholars Office or the International Students Office before traveling and/or with any questions.
We will monitor developments and post any updates or changes on the MIT Major Immigration Updates page and the International Scholars Office News page.
As a result of a court ruling on December 1, the two rules affecting the H-1B and E-3 visa programs, and PERM Labor Certifications that were described in our Update of October 19, 2020, are no longer in effect. The rules affected are:
A US District Court in California set aside the rules, finding that relevant federal agencies did not follow proper procedures when the Interim Final Rules were issued in October. Therefore, the definition and standards of “specialty occupations” revert to the previous longstanding definition and standards and the DOL can no longer use a methodology that resulted in substantially higher prevailing wage determinations. The data system will revert to the previous wage data, anticipated within the next several days, and the MIT International Scholars Office will resume submitting prevailing wage requests for use in H-1B and E-3 visa cases.
The agencies may try to appeal these rulings, or republish rules in a different form, but they are unlikely to be able to get the rules back into effect in the remaining days of the current Administration.
On Friday, October 16, 2020, US Department of Homeland Security published an Announcement indicating the fee for “premium processing” of applications by US Citizenship and Immigration Services (USCIS) will rise from $1440 to $2500 effective October 19, 2020.
MIT DLCs request premium processing service for many work visa and permanent residence applications to expedite processing. Please note that “regular” non-premium processing of applications remains an option for some cases. However, individualized advising is needed to determine the impact lengthier processing times could have on international scholars’ ongoing employment and ability to travel.
We realize this is unexpected news and we will keep you informed about the implementation of the new fee and its impact. The ISchO advisors will be in touch with DLC HR administrators individually to discuss the H-1B, O-1, permanent residence, and other cases currently in process.
1. DOL Publishes Rule: “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States."
On October 8, 2020, the US Department of Labor, Employment and Training Administration published an Interim Final Rule that changes the way the “prevailing wage” is determined in a wide array of occupations and fields/disciplines. The Rule applies to new and extension H-1B and E-3 visa petitions and to PERM Labor Certifications (in support of permanent residence petitions). It does not apply retroactively or change any employee’s current wages.
The Rule is effective immediately and may, in certain fields, significantly increase the minimum amounts that must be paid to employees sponsored in these categories. The International Scholars Office staff are available to answer questions from DLCs and individuals who may be impacted.
Although the Rule takes effect immediately, it includes a 30-day public comment period. The government is required to review the comments it receives and may amend the Interim Rule following the comment period. Private sector, academic, and non-profit institutions, as well as human resources and personnel organizations, are expected to submit comments to the US Department of Labor. MIT is reviewing the Rule and evaluating its next steps, including how we may participate in the comment process.
The Rule is also being challenged in federal court. We will provide an update if the Rule is modified or suspended as a result of these legal challenges.
MIT, as a world-class academic and research institution, is committed to bringing the most talented, creative, and qualified individuals from around the country and around the world to instruct, mentor, train and collaborate with the next generation of thinkers, innovators, teachers, creators and researchers.
Summaries of the Rule can be seen here and here.
An “FAQ” from Department of Labor can be seen here.
Immigration-related developments and announcements are posted on a regular basis on the Major Immigration Alerts and Updates and the MIT International Scholars Office websites.
2. DHS Publishes Rule: “Strengthening the H-1B Nonimmigrant Visa Classification Program”
On October 8, 2020, the US Department of Homeland Security (DHS) published an Interim Final Rule regarding the H-1B non-immigrant visa for temporary workers in specialty occupations. While we do not anticipate that the Rule will have a significant impact on our H-1B program, we will continue to monitor the situation closely. The Rule, which takes effect 60 days after publication (December 7, 2020), amends existing regulations governing the H-1B program, including the definition and standards for a “specialty occupation.” MIT submits H-1B temporary worker petitions for international faculty and researchers. We believe their qualifications in their fields will continue to satisfy the amended specialty occupation criteria described in the Rule. Please note that all approved MIT H-1B petitions remain in effect. Employees with concerns may email ischo@mit.edu.
A summary of the Rule can be seen here.
Immigration-related developments and announcements are posted on a regular basis on the Major Immigration Alerts and Updates and the MIT International Scholars Office websites.
On September 29, a US District Court ruled that USCIS/Department of Homeland Security may not charge increased application fees on October 2, 2020. New fees and form versions associated with that rule that were to be required on October 2, 2020, as well as all other aspects of the 2020 USCIS fee rule, are now on hold.
This will impact the checks that scholars, family members and MIT Departments must include in application packages to USCIS. The current “old” fees will remain in effect until further notice. Scholars can check the appropriate fee amounts on the USCIS website list of fees for each form, as well as on the USCIS webpage for each form. DLC HR administrators will be notified by advisors in ISchO of any MIT checks that must be reissued, or needed for cases in process. Going forward, DLC HR admins should review checklists sent to them by ISchO, for each new scholar case, to verify appropriate fee check amounts.
UPDATED 01/22/2021: USCBP has posted an update regarding
Non-Essential Travel restriction between Canada, the U.S. and Mexico. The travel restriction on non-essential travel has been extended to February 21, 2021. For details, please read the update.
On September 22, 2020, the US Department of Homeland Security extended until October 21, 2020, restrictions on entry to the US across land border ports from Canada and Mexico. See Fact Sheet:DHS Measures on the Border to Limit the Further Spread of Coronavirus. Entry to the US across land border ports remains limited to “essential travel.”
Ongoing developments, new guidance and U.S. agency clarification are coming out frequently. This update is based on the most current information available at this time.
MIT Fall 2020 Visitor Guidance
The Fall 2020 Policy Regarding Visitors to Campus and the Research Visitor Guidelines were posted on July 27, 2020. A message to DLCs from the International Scholars Office, regarding the handling of requests for international visitor visas can be found here,
U.S. Embassy and Consulate Services Resuming Gradually
U.S. Dept. of State is phasing in consular operations for nonimmigrant visas. Scholars should contact the U.S. Consulate in their area to find out if visa appointments are available. If a scholar has a consular appointment, and it gets postponed or changed, please notify the ISchO.
U.S. Extends Northern and Southern Border Closure
The U.S. Secretary of Homeland Security has extended until August 20, 2020 the temporary limit on the travel of individuals from Canada and Mexico into the United States at land ports of entry along the United States border. Travel is limited to “essential travel,” which may include certain MIT employees. Please consult the ISchO for advice and assistance for returning MIT employees.
USCIS Announces Application Fee Adjustments
On August 3, 2020, Department of Homeland Security published a final rule that raises USCIS application fees for certain immigration petitions and reduces others. The reason stated is that USCIS is fee funded and fees collected account for 97% of USCIS’ budget. The fee increases will take effect 60 days after publications of the rule.
The fee changes will impact the DLCs requesting H-1B, O-1 and permanent residence sponsorship for MIT employees, their family members applying for derivative status, and foreign nationals applying for employment authorization documents (EADs), such as students applying for practical training and STEM practical training, J-2 spouses, applicants for adjustment of status, and others. The application fee for an H-1 petition will rise from $460 to $555. The application fee for an O-1 petition will rise to from $460 to $705. The fee for an I-140 petition for permanent residence will be decline by $145 to $555. The premium processing fee will not change ($1440). Students applying for work authorization based on post-completion Practical Training (OPT) and for STEM extensions of OPT will pay $140 more ($550), as will any applicants for permanent residence who want to apply individually for employment authorization cards.
Travel Restrictions Still in Effect
The U.S. Consulate in Chengdu closed on July 27, 2020*
Visa services will not be available at the Chengdu Consulate until further notice. Visa appointments should be made at another U.S. Consulate in China. *Link provided leads to a summary on a non-government website.
Exceptions to the Presidential Proclamation Suspending Issuance of H-1B Visas
The Presidential Proclamation of June 24, 2020, suspended issuance of H-1B and other visa categories. A summary can be seen here. Based on this Proclamation, U.S. Consulates abroad have suspended issuance of initial H-1B and other visa categories. However, under a recent clarification from the U.S. Dept. of State limited exceptions to the suspension of visas may be possible. The list includes a National Interest Exception for H-1Bs (and derivative H-4 family members). Please consult the ISchO for details and assistance.
USCIS Processing Delays/Backlogs – Permanent Resident Card and Employment Authorization Documents (EADs)
USCIS is experiencing a backlog in Permanent Resident Card and EAD processing. Alternate proof of permanent resident status, such as a USCIS approval notice may be acceptable for certain purposes. Please consult the ISchO for details, especially before traveling outside the U.S.
The EAD processing delay affects the following individuals awaiting their work authorization cards: J-2 family members of J-1 Exchange Visitors, F-1 students with Optional Practical Training, F-1 Students with STEM OPT extensions, some applicants for U.S. permanent residence, H-4 family members of H-1B specialty workers who have permanent residence pending, and others.
Immigrant Visa Suspension
An April 2020 Presidential Proclamation suspended entry of certain new immigrants who do not already have an approved immigrant visa for U.S. permanent residence. In June 2020, the President extended to December 31, 2020 the suspension on entry to the U.S. of certain nonimmigrants and immigrants, including these same new immigrants. There is an option to seek an exception, if the immigrant visa applicant can establish eligibility for a National Interest Exception.
U.S. Department of Homeland Security Guidance Regarding International Students for Fall 2020 Semester
For information relevant to international students, please see the MIT Major Immigration Updates page.
On June 22, 2020, President Trump issued a Proclamation titled Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak. The Proclamation will take effect on Wednesday, June 24, 2020, at 12:01 a.m. EDT.
The Proclamation suspends entry to the U.S. by foreign nationals in certain J-1 categories and H-1B, H-2B and L-1 workers until December 31, 2020. The Proclamation also extends to December 31, 2020, the suspension of certain new immigrant visas, as originally published on April 22, 2020, in Proclamation 10014.
PLEASE NOTE:
Please read a summary of the Proclamation, issued by NAFSA: Association of International Educators, here.
View the full Proclamation here.
Further details and clarification are expected and will be posted on the MIT Major Immigration Updates page as well as the International Scholars Office and the International Student Office pages.
The MIT Administration, faculty, and staff are here to support you, and we encourage you to reach out to us if we can be of any assistance.
There is speculation that the White House may soon announce an executive action temporarily restricting entry to the US by certain nonimmigrant visa holders, possibly including H-1B workers and certain categories of J-1 exchange visitors. No details have been released by the government, but MIT is closely monitoring all sources of information and will inform the community as soon as reliable information becomes available.
Some students and scholars have asked if they should avoid travel outside the US if they are already here, or if they should travel to the US sooner, if possible, if they are currently abroad. At this point, we can offer only speculative advice.
However, out of an abundance of caution, we would encourage those currently here to avoid international travel if possible. For those abroad, we understand that there are numerous travel restrictions that might limit your ability to travel to the US. For current students or scholars who are not subject to those restrictions and are able to return, we encourage you to do so. As always, if you have imminent plans to travel, please contact an ISO or ISchO advisor.
We continue to monitor developments on further US immigration matters, including additional guidance on the Presidential Proclamation impacting certain Chinese Nationals in F or J status (originally issued on May 29, 2020) as well as potential action concerning F-1 Optional Practical Training (OPT). As soon as any official information is released, we will provide updates on the MIT Major Immigration Updates & Alerts, International Students Office (ISO), and International Scholars Office (ISchO) News web pages.
President Trump signed a Presidential Proclamation on May 29 that may affect certain nationals from the People’s Republic of China seeking entry to the US in F or J visa status to pursue graduate study or research at MIT.
It is not yet clear precisely who will be affected, but MIT is closely monitoring this situation and will post updates to the community as they become available. The proclamation could be extended to some Chinese nationals currently in the United States with F or J visas.
The proclamation, effective June 1, 2020, suspends entry to the US if an individual is connected to an entity that “implements or supports” the government of China’s “military-civil fusion strategy.” An individual is considered to have a connection to such an entity if he or she has been funded by, employed by, studied or researched at, or on behalf of the entity. Under the proclamation, the Secretary of State will determine which entities are covered, and we will provide more information once the government has identified the entities.
Currently, the proclamation does NOT apply to individuals inside the U.S. pursuing study or research in F or J status; HOWEVER, the proclamation states that the US Secretary of State will review and determine if current visa holders subject to the proclamation conditions should have their visas revoked.
The proclamation does NOT apply to a student seeking to pursue undergraduate study.
The proclamation does NOT apply to U.S. Citizens, U.S. Lawful Permanent Residents (Green Card holders), the spouse of a United States citizen or lawful permanent resident, and other special categories as listed in the proclamation.
To read the full text of the Proclamation, click here.
MIT is working closely with peer institutions, higher education associations, and other partners on this issue. We understand the concerns and uncertainty that these changes in U.S. immigration policy create as you pursue your work, research or academic program at MIT. We will provide more clarity as definitive information is issued by the relevant government agencies.
We will continue to post updates on the MIT Major Immigration Updates & Alerts, International Students Office (ISO), and International Scholars Office (ISchO) News web pages.
On May 24, 2020, President Trump issued a Proclamation restricting travel to the U.S. by individuals who have been to Brazil within the previous 14 days. The travel restriction, originally to take effect on May 28, was amended and took effect at 11:59 p.m. eastern daylight time on May 26, 2020.
The travel restriction does not apply to:
Please see the Proclamation for details. This action adds Brazil to the existing list of countries with travel restrictions: the U.K., Ireland, the People’s Republic of China (including Hong Kong and Macau), Iran, and countries in the Schengen region (Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland).
Dear DLC HR Administrators and Contacts,
The International Scholars Office (ISchO) has been given permission to proceed with processing requests for visa documents and employment-based petitions.
Please note, and share with the hosting faculty and PIs, as well as scholars who inquire:
Travel restrictions put in place by the US, prohibiting traveler entry from Iran, China (except Hong Kong and Macau), and from the Schengen Area in Europe, plus the UK and Ireland, have not yet been lifted. Click here for details. Also,
1. US Consulates around the world are currently closed for routine visa processing. Although some Consulates have accepted visa appointments in recent weeks for dates in May, anecdotal reports are that those have been cancelled or postponed to later months. The Consulates may further postpone such appointments at their discretion.
2. US Consulates around the world will not all open at the same time. Timing will depend on conditions in the particular country, staffing, and other issues.
3. Security background checks (administrative processing) will still be required and may take longer than usual.
* All paid positions must be approved by the Provost before submission of visa requests to ISchO. Please do not submit requests for positions that have not yet received approval.
As always, requests for Postdoc Fellows and Visitors must be submitted with proof of secured funding from the home institution/employer or a recognized fellowship source.
Regarding start dates:
There are many unknowns. We are cautiously optimistic, but understand that government agency processes related to visas are not within our control. Therefore, resuming visa processing for new international scholars does not guarantee their arrival on the desired start date. Rather, we believe processing visa requests now will help the process flow when US Embassies/Consulates reopen in the future. The ISchO staff will do our best to keep you informed as more information becomes available.
Best regards,
The International Scholars Office
Dear International Students and Scholars,
We are writing to provide you with information on a new Executive Order (the Proclamation) signed by President Trump yesterday. We hope that this information is helpful to you. Please know that we understand that this is an uncertain and challenging time, and that our offices are here to support you in any way that we can.
The Proclamation narrowly restricts certain persons who are outside the U.S. and have gotten immigrant visa stamps (issued by US Consulates, after 4/23/2020) from entering the United States.
The restrictions do NOT apply to nonimmigrant visas, including B, F, J, H, E, TN or O visas.
Proclamation Details
On April 22, 2020, the White House released the Presidential Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak.
Effective Date: April 23, 2020 at 11:59pm Eastern Daylight Time
Duration: 60 days from the Effective Date – until June 22, 2020. The Proclamation can be extended.
Scope: The Proclamation suspends for 60 days the entry of immigrants into the United States, who are:
The Proclamation does NOT currently apply to nonimmigrant visa statuses, including: F student, J Exchange Visitor, H-1B, TN, O, E-3 temporary professional workers, and other nonimmigrant status.
This Proclamation does NOT apply to individuals already inside the U.S.
The Proclamation also does NOT apply to the following:
MIT continues to work closely to support our students, scholars, and all members of the MIT community during this difficult time. We understand the concerns and uncertainty that these changes in U.S. immigration policy create as you pursue your work, research or academic program at MIT.
As additional information becomes available, we will post updates on the MIT Major Immigration Updates & Alerts, International Students Office (ISO), and International Scholars Office (ISchO) News web pages.
The MIT Administration, faculty, and staff are here to support you, and we encourage you to reach out to us if we can be of any assistance.
Sincerely,
Penny Rosser
Director, MIT International Scholars Office
https://web.mit.edu/scholars/
David C. Elwell
Associate Dean and Director, MIT International Students Office https://iso.mit.edu
This guidance is subject to change at any time.
ISchO registration, orientation and appointments:
Effective March 17, 2020 until further notice, arriving international scholars should email ischo@mit.edu. They will be asked to provide their arrival documentation using our electronic intake system. They will also be invited to a “virtual” orientation, which will still be conducted weekly until we can finalize a web-based orientation module. Our advisors will conduct appointments with scholars by phone, skype or other electronic means.
We will remain in close communication with Department, Laboratory and Center human resources administrators about their international scholars. The U.S. government is still very paper-based. We process many J-1 requests, and employment-based visa petitions, all of which involve extensive documentation. The following will be posted on the ISchO entrance at E18-209:
We have closed to walk-ins until further notice The ISchO is still providing advising services, by appointment only. As much as possible, interdepartmental or postal mail should be used for document deliveries to the ISchO. In-person pick-ups and deliveries must be scheduled in advance. For appointments, please email ischo@mit.edu or call (617) 253-2851.
Visa requests for scholars
Our number one priority must be to process extensions of stay and changes of status for current faculty, postdocs, lecturers, instructors, research scientists, and other international scholars already at MIT.
ISchO’s procedure with regard to new visa requests.
a) Incoming Faculty: ISchO will with work with Departments on processing visa petitions and will make every effort to meet hiring date goals. The closer we get to July 1, however, if it is determined that lead time is insufficient to process work visas with the relevant government agencies, a fall start date will be pursued.
b) Visiting scholars/scientists/engineers: ISchO will not accept any new visa requests until further notice.
With regard to “visitors” to whom MIT has already issued documents and who may or may not have US entry visas, with an intention to enter the US within the next month or two, DLCs should contact those visitors and postpone their start dates indefinitely until further notice.
c) Postdoc Associates, Fellows, and Research Fellows: ISchO will not accept any new visa requests until further notice.
There are postdocs to whom MIT has already issued documents and who may or may not have US entry visas, with an intention to enter the US soon. DLCs should contact these postdocs as soon as possible and tell them whether or not to proceed with their plans to arrive at MIT. The DLCs must then inform ISchO of the determination, so we can amend visa documents to a later date, if necessary.
d) Temporary lecturers, Instructors and Visiting Professors: ISchO will accept new visa requests, for instructional staff only. They will be processed according the chart below.
This guidance is subject to change at any time, based on worldwide developments.
| Visiting Scholars, Visiting Scientists, Visiting Engineers | None until further notice |
| Postdoctoral Associates, Postdoctoral Fellows, Research Fellows | None until further notice |
| Instructors, Lecturers, Visiting Professors | China, Iran: None until further notice (US government travel restriction). Europe and elsewhere: Only if/when permitted by US government. |
Employment-based visas (such as the H-1B) for existing scholars and new, incoming faculty will continue to be processed according to current/existing ISchO visa procedures, MIT visa sponsorship policies, and as permitted by government agencies. As always, sufficient lead time is required in order to timely file petitions.
The ISchO Director and advisors are available to answer your questions, if you need further clarification.
International Scholars Office
E18-209 50 Ames Street
(617) 253-2851
ischo@mit.edu
March 14, 2020: The United States Government announced that it is widening the European travel suspension to incude the United Kingdom and Ireland. This restriction goes into effect at 11:59 p.m. on Monday, March 16, 2020.
March 11, 2020: The United States Government announced that it is suspending entry into the United States for certain foreign nationals who have been physically present in the Schengen area (which includes most European countries) in the 14 days preceding their entry or attempted entry into the United States. This restriction goes into effect at 11:59 p.m. EST on Friday March 13, 2020.
If you are a foreign national (or have a family member who is a foreign national) currently in Europe or planning travel to Europe, please review the following to determine if you/they will be affected by the travel restriction.
Countries Subject to Restrictions:
Individuals Subject to Restrictions:
Please note that even if the new restrictions do not apply to you, you may face enhanced screening at the airport upon entry to the US.
As a reminder, MIT has already suspended all international travel on MIT business or with MIT programs, in step with advice from the Massachusetts Department of Public Health, and has strongly encouraged people to postpone all non-essential personal travel. All outgoing international travel must be registered in the confidential MIT travel registry at: covidtravel.mit.edu/.
Additional information about the new travel restriction can be found at
https://www.osac.gov/Content/Report/d818753c-7296-4035-ad24-182e71a10703
On January 14, 2020, ISchO distributed a follow-up communication to its January 9 memo, regarding potential future F-1 STEM OPT employer verification visits by US Department of Homeland Security (DHS). Please contact the International Scholars Office with any questions.
DHS informaton about employment verification site visits
January 14, 2020
Memo to international scholars in F-1 status with STEM OPT
Memo to Faculty and Principal Investigators
January 9, 2020
Memo to international scholars in F-1 status with STEM OPT
Memo to Faculty and Principal Investigators
This is a reminder regarding the recent changes in Massachusetts State Law regarding possession and recreational use of marijuana in Massachusetts.
Immigration laws reflect standards of Federal Law. Therefore, under current Federal Law, the possession and use of marijuana remains a Federal criminal offense. Conviction of this offense, or even the admission of such violation of Federal law, may lead to severe immigration consequences including arrest, revocation of current visa status, deportation from the US, and ineligibility for future visas to the US. In addition, driving under the influence of drugs (or alcohol) can also result in an arrest for Driving Under the Influence (DUI). [Relevant Federal regulations include: Federal Controlled Substances Act; Sec. 237 of Immigration and Nationality Act; Sec. 212(a)(2) of the Immigration and Nationality Act]
MIT's Policy Regarding a Drug-Free Workplace can be found in Policies & Procedures, Section 9.11.3.
In light of the change in Massachusetts State Law, MIT also updated its student policy to provide clarification on questions concerning the use and possession of marijuana.
Even with these changes to Massachusetts State Law and MIT policy, international students and scholars should be aware of the severe consequences on their immigration status for possession or use of marijuana.
Last evening, the US Congress adjourned without passing a comprehensive budget. This will temporarily impact some government agencies and immigration-related services. Please monitor the website at https://iso.mit.edu/news-and-announcements/major-immigration-updates/ for ongoing updates.
As more is known, updates will be posted at https://iso.mit.edu/news-and-announcements/major-immigration-updates/
MIT is currently closed for the Christmas holiday until Wednesday, December 26. For information about travel and visas please see the International Scholars Office website. Emergency contact information and procedures are listed there. Emergency contact for the International Students Office is ISO-help@mit.edu.
Additional form may be required for visa applications
The U.S. Department of State has received approval of a new visa application supplement, (Form DS-5535) that a U.S. Consular officer, at his/her discretion, may require visa applicants to complete. The new form contains 15 supplemental questions about an applicant’s address and employment history for the past 15 years, all social media names or nicknames, travel history, names and birth dates of all siblings and children, and other questions. The stated purpose of the proposed form is to collect additional information from visa applicants who warrant additional scrutiny in connection with terrorism or other national security-related visa ineligibilities. Recent anecdotal reports indicate that the form is now in use and has been required from applicants not limited to the six majority Muslim countries previously mentioned. Foreign nationals applying to “renew” U.S. visas have also been required to complete the form. More information
On Wednesday, April 26, 2017 President Trump clarified that he does not intend to withdraw the U.S. from the NAFTA Free Trade Agreement, but instead intends to renegotiate the terms of the agreement with Canada and Mexico.
The immigration status of MIT international scholars from Canada or Mexico in TN status is unaffected by this announcement on Wednesday. Until/unless a future agreement contains revisions to the terms of admission and employment of Canadian and Mexican citizens, their ability to work remains unchanged.
On April 18, 2017, President Trump signed a new Executive Order called “Buy American and Hire American.” In the “Hire American” portion of the Order, the President directs government agencies such as the Department of Labor, Department of Homeland Security and others to review laws governing the H-1B visa (worker in specialty occupation) and to take measures related to compliance, investigating fraud and protecting US workers. The rule also suggests changes may be made in the future to grant H-1B visa priority to foreign workers in the most highly skilled and paid positions.
If you are in the US in H-1B status, the Executive Order will not impact your current status.
The Order does not change current H-1B regulations, policies or practices. However, in the future it is possible that the required qualifications for H-1B eligibility may be raised. It takes time to issue laws and regulations and they must be published with an opportunity for public comment. MIT requirements for H-1B sponsorship are already high (above that required by law). The International Scholars Office will keep scholars informed if/when such regulations are anticipated to change.
This Executive Order is unrelated to the suspension of H-1B premium processing.
Full text of the Executive Order
On April 19, 2017, the Washington D.C. District Court dismissed Washington Alliance of Technology Workers’ June 17, 2016 lawsuit regarding extensions of Post Completion Practical Training for foreign students who graduate from US universities in STEM fields (STEM OPT). STEM OPT is therefore preserved and remains available to graduates who qualify.
Click here for a summary.
Click here to view the court decision.
Citizens of China, India, and other countries, including those listed below, coming to the U.S. to study or conduct research in certain fields, are already required to undergo security background checks before U.S. entry visas are granted. The circumstances under which consular officers are required to request more rigorous checks have now been expanded, as described below.
Enhanced Screening of Visa Applications
At the direction of President Trump, Secretary of State Rex Tillerson has instructed U.S. consular posts to enhance the screening and vetting of all visa applications. This is effective immediately and may impact you and your family members when you travel outside the U.S., if you need to renew your U.S. entry visas. The vetting instructions apply to all visa applications, even business visas for visits of short duration, tourist visas, and accompanying family visas.
U.S. consular officers already have a great deal of discretion to ask questions to determine the intent of the visa applicant, protect the U.S. national interest, order security background checks, also known as Security Advisory Opinions (SAO) or “additional administrative processing,” and approve or deny applications. In his recent cable to U.S. consular posts, Secretary Tillerson instructs consular officers to request higher levels of Security Advisory Opinions when they feel it is warranted. Applicants should be prepared to answer a broader range of questions, if asked, which could include:
Mandatory Enhanced Screening for Nationals of Iran, Yemen, Sudan, Syria, Somalia, and Libya
U.S. consular officers are now required to request a higher level of Security Advisory Opinion for applicants ages 16-65, holding passports from Iran, Yemen, Sudan, Syria, Somalia, and Libya. The officers must ask the additional questions listed above regarding travel, address history, etc. If consular officers determine that nationals of any of these six countries were ever present in territories controlled by ISIS, the officers must also conduct social media checks.
Increased Screening for Citizens of Iraq
Iraqi visa applicants will be questioned to determine whether they were ever present in territories controlled by ISIS. If so, the attending consular officers must request higher level Security Advisory Opinions.
Mandatory Review of Immigrant Visa Issuance (for U.S. Permanent Residence/Green card) for Citizens of Iran, Iraq, Libya, Somalia, Sudan, Syria, or Yemen
Consular managers are now required to conduct reviews of all immigrant visa issuances for nationals from these seven countries.
The International Scholars Office (ISchO) cannot predict the impact of these new instructions on consular services. However, it would be logical to assume that visa processing times will be longer for individuals who require higher level Security Advisory Opinions and that the overall increase in SAO requests could also increase wait times for lower level security checks and visa issuance.
Visa Interviews
We want to remind individuals applying for a new visa at a U.S. embassy/consulate abroad that all applicants are required to have an in-person visa interview with the U.S. consulate (except applicants for diplomatic visas). Under a past Visa Interview Waiver Program, individuals applying at certain U.S. consulates did not need a visa interview to apply for a new visa in the same category. Now that all applicants must be interviewed, it may take longer to get a visa appointment at the consulate and visa processing may take longer. Scholars should plan well in advance in consideration of this change.
Restrictions for Carry-On Electronic Devices on US-Bound Flights Departing from Certain Airports
On March 21, 2017, the US Department of Homeland Security (DHS) posted on its news webpage an announcement (“Q&A: Aviation Security Enhancements for Select Last point of Departure Airports with Commercial Flights to the United States”) stating that new security measures will be implemented on for passengers traveling from certain airports to the US. Under the new guidance, “all passengers flying through and from these locations (to the US) will have to place electronic devices that are larger than a cell phone/smart phone in their checked bags regardless of the passenger’s citizenship.”
DHS states that airlines have been notified that they have 96 hours from March 21 to implement these new measures (by 8:00am on March 25, 2017). These security measures, according to the DHS posting, will be in effect indefinitely and subject to review and evaluation based on intelligence resources. The DHS statement does not rule out adding additional airports to the current list of 10 airports.
These new measures will affect passengers flying to the US from one of the 10 airports listed below:
Jordan: Queen Alia International Airport (AMM) in Amman
Egypt: Cairo International Airport (CAI)
Turkey: Ataturk International Airport (IST) in Istanbul
Saudi Arabia: King Abdul-Aziz International Airport (JED) in Jeddah
Saudi Arabia: King Khalid International Airport (RUH) in Riyadh
Kuwait: Kuwait International Airport (KWI) in Kuwait City
Morocco: Mohammed V Airport (CMN) in Casablanca
Qatar: Hamad International Airport (DOH) in Doha
United Arab Emirates: Dubai International Airport (DXB)
United Arab Emirates: Abu Dhabi International Airport (AUH)
View the full announcement/Q&A
Please note that the United Kingdom has implemented similar restrictions for carry-on electronic devices for flights to the UK from the following countries: Turkey, Lebanon, Jordan, Egypt, Tunisia, and Saudi Arabia.
Please be sure to check with your airlines to verify any policies and procedures regarding these new directives.
Two Federal Courts Issue Temporary Restraining Orders on Second Executive Order/Travel Ban
Two federal courts have issued orders blocking enforcement of the travel ban in the second Executive Order on immigration issued by President Trump on March 6, 2017. The court orders apply nationwide and prohibit the Trump Administration from acting on the portions of the March 6 Executive Order that would have barred entry into the U.S. of nationals of six countries – Iran, Libya, Somalia, Sudan, Syria, and Yemen – for 90 days. Because these rulings will be subject to additional court review, members of the MIT community from those six countries are encouraged to consult with the International Students Office or International Scholars Office before traveling outside the US.
To view a copy of the US District Court for the District of Hawaii Temporary Restraining Order, click here.
To view a copy of the US District Court for the District of Maryland Memorandum Opinion, click here; and to view the Order granting a preliminary injunction, click here.
Travel Reminder
Please carefully review the ISchO’s Travel Advisory before you travel.
If you have any questions about your visa documentation and/or what documents to carry with you when you travel, please contact the ISchO at ischo@mit.edu or 617-253-2851. You are also welcome to make an appointment with an advisor to discuss your situation.
Please continue to monitor this website. We will provide additional updates as they become available.
January 31, 2020
Presidential Proclamation Expands Travel Ban to 6 New Countries, Previous 7 Countries Remain Subject to Restrictions
On January 31, 2020, the White House released a Presidential Proclamation on “Improving Enhanced Vetting Capabilities and Process for Detecting Attempted Entry” (also known as the Travel Ban). The Proclamation created new travel restrictions on certain nationals from six countries – Burma (Myanmar), Eritrea, Kyrgyzstan, Nigeria, Sudan, Tanzania. The restrictions on the new countries do NOT apply to nonimmigrant visas, including B, F, J, H-1B, TN, and O visas.
The effective date of the new Proclamation restrictions is February 21, 2020 at 12:01am Eastern Standard Time.
Restrictions placed on seven countries in September 2017 (Iran, Libya, North Korea, Somalia, Syria, Venezuela, Yemen) as part of Presidential Proclamation 9645 remain in effect and unchanged (note: Chad was removed in April 2018).
Please read the detailed summary below. As more information becomes available it will be posted on the MIT Major Immigration Updates page and on the ISO and ISchO websites.
Other information you need to know
MIT continues to work closely to support our students, scholars, and all members of the MIT community who may be impacted by the Proclamation and other Executive Actions or legislation. We understand the concerns and uncertainty that these changes in U.S. immigration policy create as you pursue your work, research or academic program at MIT. Please know that the MIT Administration, faculty, and staff are here to support you, and we encourage you to reach out to us if we can be of any assistance.
The Major Immigration Updates, ISO, and ISchO News web pages will be updated as additional information is received from the various government agencies.
Presidential Proclamation (Travel Ban) Summary
New travel restrictions are placed on specific nationals of 6 countries – Burma (Myanmar), Eritrea, Kyrgyzstan, Nigeria, Sudan, Tanzania.
The travel restrictions of the previous Presidential Proclamation 9645 (issued September 24, 2017, updated April 10, 2018) are still in effect and unchanged for specific nationals of 7 countries -- Iran, Libya, North Korea, Somalia, Syria, Venezuela, Yemen.
Effective Date: February 21 at 12:01am Eastern Standard Time and applies to foreign nationals who are outside of the United States on the effective date of this Proclamation.
Travel restrictions are summarized below (unless exempted or if granted a waiver):
Burma (Myanmar): No immigrant visas, except as Special Immigrants whose eligibility is based on having provided assistance to the United States Government.
Eritrea: No immigrant visas, except as Special Immigrants whose eligibility is based on having provided assistance to the United States Government.
Kyrgyzstan: No immigrant visas, except as Special Immigrants whose eligibility is based on having provided assistance to the United States Government.
Nigeria: No immigrant visas, except as Special Immigrants whose eligibility is based on having provided assistance to the United States Government.
Sudan: No Diversity Immigrant visas, as described in section 203(c) of the INA, 8 U.S.C. 1153(c).
Tanzania: No Diversity Immigrant visas, as described in section 203(c) of the INA, 8 U.S.C. 1153(c).
Iran: No nonimmigrant visas, except F and M student visas and J exchange visitor visas (though those individuals will be subject to enhanced screening/vetting requirements); No immigrant or Diversity Lottery visas.
Libya: No U.S. visitor visas (B-1, B-2, or B-1/B-2); No immigrant or Diversity Lottery) visas.
North Korea: No nonimmigrant, immigrant, or Diversity Lottery visas.
Somalia: Nonimmigrant visa applications subject to heightened scrutiny/review; No immigrant or Diversity Lottery visas.
Syria: No nonimmigrant, immigrant, or Diversity Lottery visas.
Venezuela: No U.S. visitor visas (B-1, B-2 or B-1/B-2) for officials of designated Venezuelan government agencies and their family members. Other visa holders are subject to verification of traveler information. No restrictions on immigrant or Diversity Lottery visas.
Yemen: No U.S. visitor visas (B-1, B-2, or B-1/B-2); No immigrant or Diversity Lottery visas.
The following foreign nationals are NOT subject to the travel restrictions set forth by the Presidential Proclamations:
June 26, 2018
The Supreme Court of the United States upholds Travel Ban
In a June 26th decision, the US Supreme Court upheld the most recent version of the “Travel Ban” imposed in September 2017, and modified in 2018 to include nationals of seven countries (Iran, Libya, North Korea, Somalia, Syria, Venezuela and Yemen). The full history of the travel ban and subsequent court actions can be seen on the International Students Office “Major Immigration Updates” and International Scholars Office “Communications About the Travel Ban” websites. The travel ban restrictions are described below.
Individuals subject to travel restrictions are advised to consult with the MIT International Students Office (international students) or MIT International Scholars Office (international scholars, postdocs, and faculty), for guidance before planning any travel abroad.
April 10, 2018
U.S. Department of State Revises Presidential Proclamation 9645 - Removes Visa Restrictions on Nationals of Chad -- On April 10, 2018, a new Presidential Proclamation (P.P.) was issued which amended P.P. 9645 of September 24, 2017 (also known as Travel Ban 3.0) which imposed travel restrictions on nationals of Chad, Iran, Libya, North Korea, Syria, Venezuela, Yemen, and Somalia. The new P.P. removes the visa restrictions imposed on nationals of Chad by the earlier P.P. This change will be effective at 12:01am, Eastern Daylight Time, on Friday, April 13, 2018. All other visa restrictions outlined in P.P. 9645 remain in effect. Official statement from the White House on the lifting of restrictions on Chad is available here and here. Presidential Proclamation 9645 can be read here, and its implementation is also referenced in the posting below.
December 6, 2017
On December 4, 2017, the U.S. Supreme Court issued a ruling staying preliminary injunctions issued by U.S. District Courts in Hawaii and Maryland that had partially blocked the third version of the travel ban. A copy of the stay granted by the Supreme Court is available here (for the case pending with the U.S. District Court for the District of Maryland) and here (for the case pending with the U.S. Court of Appeals for the Ninth Circuit).
This ruling allows the travel ban (Presidential Proclamation 9645 issued on September 24, 2017) to go fully into effect while the legal challenges against it continue.
A link to a summary on the Presidential Proclamation, issued on September 24, 2017, and links to related resources, is available on the “Major Immigration Updates” page (see entry on September 24, 2017).
Please read our Questions and Answers, in order to understand what the Supreme Court has allowed to go into effect.
Again, individuals subject to travel restrictions are advised to consult with the MIT International Students Office (international students) or MIT International Scholars Office (international scholars, postdocs, faculty), for guidance before planning any travel abroad.
A summary of the restrictions from the Presidential Proclamation are as follows:
Under this new Proclamation [Section 2], certain nationals of the eight designated countries are subject to travel restrictions as summarized below unless exempted or if granted a waiver:
This website and the MIT International Students Office's “Major Immigration Updates” web page will continue to be updated as new information becomes available.
November 15, 2017
On November 13, 2017 a federal appeals court reinstated part of the travel ban, ruling that the government can bar entry to nationals from Chad, Iran, Libya, Somalia, Syria, and Yemen who lack ties to the United States.
The appeals court upheld the prior ruling blocking implementation of the travel ban for nationals from these countries who have a "bona fide relationship" with close family or an entity (such as a company or a university) in the United States.
October 18, 2017
On October 17, 2017, a federal judge blocked implementation of the Presidential Proclamation (travel ban), signed on September 24, 2017. The Proclamation was due to take effect on October 18, and created new travel restrictions on nationals of eight countries. See our prior announcement and summary of the Proclamation below. The judge’s ruling blocks implementation of the ban on nationals from all but two countries (North Korea and Venezuela). We anticipate that US Consulates and border officials will be given guidance about appropriate processes and procedures following this court decision and we will post updates on this site as information becomes available. In addition, the government has stated that it intends to appeal this decision and we anticipate future court rulings may affect this decision. We will update you about the results of any appeal.
Individuals from countries designated in the Presidential Proclamation, who do not have current valid visas for return to the US, are advised to exercise caution when planning any travel, and encouraged to meet with their advisor at the MIT International Scholars Office or MIT International Students Office prior to finalizing any travel plans abroad.
All international students and scholars, even from countries not designated in the Proclamation, are advised that any visa application at a US Embassy/Consulate will likely face heightened scrutiny and processing times may be impacted.
October 16, 2017
Questions and Answers about the Presidential Proclamation of September 24, 2017
September 28, 2017
Presidential Proclamation Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats – On September 24, the White House released a Presidential Proclamation that created new travel restrictions on specific nationals of 8 countries – Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen. These travel restrictions are the result of a U.S. government review of visa issuance and security procedures undertaken as a result of the previous Executive Order 13780 issued on March 6, 2017.
The designations have been based upon many factors outlined in the Proclamation, including, among other security factors, the failure of the countries to (1) provide sufficient exchange of information on its nationals in visa procedures to determine if they pose national security threats to the U.S., (2) meet established standards for identity documentation, and (3) receive from the U.S. their nationals who are designated for deportation.
Individuals subject to travel restrictions are advised to consult with the MIT International Scholars Office (international scholars, postdocs, faculty) or MIT International Students Office (international students) for guidance before planning any travel abroad.
Effective on September 24, 2017 (3:30pm Eastern Daylight Time):
Effective beginning on October 18, 2017:
Under this new Proclamation [Section 2], certain nationals of the eight designated countries are subject to travel restrictions as summarized below unless exempted or if granted a waiver:
The Proclamation also provided the following updates on two countries designated by the previous Executive Order:
The following foreign nationals are NOT subject to the travel restrictions set forth by the Proclamation [Section 3(a)-(b)]:
While the Proclamation outlines that waivers [Section 3(c)] to visa issuance under these new restrictions will be considered on a case-by-case basis at time of visa application at U.S. Consulates, there are no guarantees that such waivers will be granted. Some examples of cases that may be considered relevant to international students and scholars, include (please see Proclamation for full list):
The Proclamation also states that the U.S. Department of Homeland Security will conduct periodic reviews of all countries to determine if current restrictions will be continued, modified, or terminated, and if additional countries will face travel restrictions. The restrictions will remain in place unless and until such a determination is made.
Again, individuals subject to travel restrictions are advised to consult with the MIT International Scholars Office (international scholars, postdocs, faculty) or MIT International Students Office (international students), for guidance before planning any travel abroad.
September 26, 2017
The White House issued a new Presidential Proclamation on September 24, 2017 that revises the March 6, 2017 travel ban that was put into place by Executive Order.
You may read the Proclamation on the White House website.
A detailed summary by an immigration attorney can also be found at https://www.visalaw.com/siskind-summary-september-24-2017-proclamation-expanding-travel-ban/.
The MIT Office of the General Counsel is drafting its own summary, which will be posted here shortly.
The International Scholars Office (ISchO) is also drafting a Question & Answer information sheet, which will be posted here as soon as possible.
June 30, 2017
Department of Homeland Security's "Frequently Asked Questions" about the Executive Order and Supreme Court ruling - posted 6/29/2017
June 29, 2017
June 26 Supreme Court Ruling about the Travel Ban
On June 26, 2017, the U.S. Supreme Court issued a decision with two rulings:
1. It will hear the Trump Administration’s appeal of two court orders blocking enforcement of the March 6 Executive Order suspending entry to the U.S. of nationals from six countries (Iran, Syria, Libya, Sudan, Somalia, and Yemen) in fall 2017.
2. It will allow the Administration to enforce the EO’s 90-day ban on nationals from these countries from entering the U.S. However, the Court narrowed the scope of the ban to apply to only those who do not have a “credible claim of a bona fide relationship with a person or entity in the U.S.”
Guidance issued by the U.S. Department of State and U.S. Department of Homeland Security indicate that the 90-day ban will be implemented on Thursday, June 29, 2017 at 8:00pm Eastern Daylight Time (EDT).
The MIT Office of General Counsel will release a summary for the MIT community soon. When it is available, it will be posted here.
What the Supreme Court Decision Means
As of Thursday, June 29, and for a period of 90 days, only foreign nationals of the six countries who have a credible claim of a bona fide relationship with a person or entity in the U.S. can seek entry into the U.S. All other nationals from those countries will be subject to the travel ban.
Nationals from the six designated countries can seek entry into the U.S. if they have a close family relationship with a “U.S. person” such as a U.S. Citizen or Permanent Resident, or if they have a formal, documented relationship with an U.S. entity (such as MIT) and such relationship was formed in the ordinary course.
The Executive Order and Supreme Court Decision do not:
The Executive Order and Supreme Court Decision do not apply to:
Additional Reminders for Visa Applicants
Scholars from the six countries who have questions about planned travel should consult with an advisor in the ISchO.
The International Scholars Office (ISchO) is closely monitoring developments and will keep you informed of any changes or updates as soon as they become available. Updates will be posted here.
List of Documents
Below is a general description of “official documents” needed by MIT international scholars for entry to the U.S. and which should serve as proof of a bona fide “relationship” with MIT. International Scholars should always read our travel advisory (link above) and consult with the ISchO before traveling or applying for a visa stamp at a U.S. Consulate to determine if additional documentation will be required in their individual cases. Family members should carry their corresponding derivative status documents (J-2, H-4, TD, O-3, F-2, etc.). Regarding family members from the six countries seeking entry in B-2 tourist status, please see the note at the end of this announcement.
Individuals whose visas are sponsored by other employers or by the Fulbright Commission should consult their visa sponsors for advice on travel and immigration documents.
June 12, 2017
On June 12, 2017, the U.S. Court of Appeals for the 9th Circuit issued a ruling that upholds the injunction from a lower court (State of Hawaii v. Trump) preventing implementation of the entry ban on individuals entering the U.S. from Iran, Libya, Syria, Sudan, Somalia, and Yemen, as well as all refugees.
However, the U.S. Court of Appeals vacated the lower court’s injunction that prohibited the Federal government from conducting a review of U.S. visa application procedures and security check policies at U.S. Embassies and Consulates worldwide. The Court affirmed that the Federal government does have such authority to conduct such reviews.
This means that, as of now, the entry ban is not being enforced. Foreign nationals from the six countries listed above are still eligible to apply for visas at U.S. Embassies/Consulates abroad and enter the U.S. as long as they are otherwise admissible.
A copy of the Court's opinion is available here.
The Trump Administration has filed a request to the U.S. Supreme Court to lift the injunction in this case, and in a similar case filed in Maryland, regarding the Executive Order of March 6, 2017. Reversing the injunctions would revive the travel bans. We will be sure to provide updates once we hear if the Supreme Court decides to hear this case.
In the meantime, we continue to encourage scholars from the six designated countries to consult with the International Scholars Office before making plans to travel outside the U.S.
March 17, 2017
Two federal courts have issued orders blocking enforcement of the travel ban in the second Executive Order on immigration issued by President Trump on March 6, 2017. The court orders apply nationwide and prohibit the Trump Administration from acting on the portions of the March 6 Executive Order that would have barred entry into the US of nationals of six countries – Iran, Libya, Somalia, Sudan, Syria, and Yemen – for 90 days. Because these court rulings will be subject to additional court review, members of the MIT community from those six countries are encouraged to consult with the International Students Office or International Scholars Office before traveling outside the US.
March 7, 2017
On Monday, March 6, 2017, President Trump signed a new Executive Order suspending entry to the US of nationals of six countries (Iran, Libya, Somalia, Sudan, Syria and Yemen) for a period of 90 days. Iraq is not included in the list of countries to which the suspension applies.
The new Executive Order replaces and revokes the January 27 Executive Order. Below is a summary of key points:
The new Executive Order does not:
The new Executive Order does not apply to:
The new Order does apply to nationals of these countries who:
The Executive Order allows for waivers on a case-by-case basis if the denial of entry would cause an individual undue hardship, and their entry would not pose a threat to national security and would be in the national interest. The administration has not yet detailed a process for seeking a waiver, but the International Scholars Office will be monitoring the situation for developments.
The International Scholars Office advises scholars at MIT from these six countries to refrain from traveling, if possible, for the next 90 days. Scholars concerned about future travel plans should consult an advisor in the International Scholars Office.
To read the full Executive Order, please follow this link: https://trumpwhitehouse.archives.gov/presidential-actions/executive-order-protecting-nation-foreign-terrorist-entry-united-states-2.
To read the accompanying Department of Homeland Security “Fact Sheet,” follow link to https://www.dhs.gov/news/2017/03/06/fact-sheet-protecting-nation-foreign-terrorist-entry-united-states.
The memorandum for the US Secretary of State can be seen here: https://trumpwhitehouse.archives.gov/presidential-actions/memorandum-secretary-state-attorney-general-secretary-homeland-security/.
The International Scholars Office remains committed to assisting those within the MIT community affected by this Executive Order. Anyone with questions or concerns should feel free to contact the International Scholars Office at (617) 253-2851 or by email at ischo@mit.edu.
ISchO Travel Advisory
web.mit.edu/scholars/intlscholars/travel/advisory.html
NAFSA: Association of International Educators
Executive Order Travel Ban: NAFSA Resources - Resources are being added as the situation develops and currently include:
American Immigration Lawyers Association (AILA)
Download AILA's flyers: "Know Your Rights" if ICE (US Immigration and Customs Enforcement) Visits a Home, Employer, or Pubic Space
American Civil Liberties Union (ACLU)
The ACLU has a web page with tips about what your rights are if you are stopped by the police or questioned about your immigration status.
MIT MyLife Services
A free and confidential counseling and work-life resource benefit available to provide support, guidance, and resources to all faculty, staff, postdocs and family members. MyLife Services can help you and your family members with:
MyLife Services is available 24/7. To reach MIT MyLife Services, call 844-405-LIFE (5433) any time or email info@MITMyLifeServices.com.