 |
Download the slides from the presentation, held on October 5, 2017.
You must have an MIT computer certifiate to download the slides.
The Newcomer's Almanac is a publication of the Interchange Institute and is brought to you each month compliments of the International Scholars Office. You must have an MIT certificate to access the newsletter.
June edition - topics include: Going "Home"; Father's Day; and Gift-Giving at Times of Change.
July/August edition - topics include: The Fourth of July; Guns in the US; and a Birthday Biography of Anita Hill.
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 http://blog.ilw.com/gregsiskind/2017/09/24/siskind-summary-september-24-2017-proclamation-expanding-the-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 State Announcement about the Executive Order and Supreme Court ruling - posted 6/29/2017
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://www.whitehouse.gov/the-press-office/2017/03/06/executive-order-protecting-nation-foreign-terrorist-entry-united-states.
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://www.whitehouse.gov/the-press-office/2017/03/06/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.
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 http://iso.mit.edu/immigration/imm_updates.shtml for ongoing updates.
As more is known, updates will be posted at http://iso.mit.edu/immigration/imm_updates.shtml
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.