U.S. Presidential Executive Orders, Proclamations, and Memorandums

This page will focus only on Executive Orders, Presidential Proclamations, and Memorandums signed by the President of the United States that impact international exchange visitors and employees.


Suspension of Entry as Immigrants and Nonimmigrant of Certain Additional Persons Who Pose a Risk Transmitting Coronavirus Disease 2019

On November 26, 2021, President Biden issued a Proclamation 10315 suspending entry into the United States of all aliens (immigrant, nonimmigrants, and other non-U.S. citizens) who were physically present within the Republic of Botswana, the Kingdom of Eswatini, the Kingdom of Lesotho, the Republic of Malawi, the Republic of Mozambique, the Republic of Namibia, the Republic of South Africa, and the Republic of Zimbabwe during the 14-day period preceding their entry or attempted entry into the U.S. This suspension went into effect on Monday, November 29, 2021. We have not been informed if U.S. embassies in these countries will be issuing National Interest Exceptions (NIE) to visa applicants. 

We were also notified via a U.S. Customs Border and Protection bulletin that any NIE granted to a non-U.S. citizen on their visa stamp under previous proclamations are void with respect to the Proclamation of November 26, 2021. 

In addition, starting December 6, 2021, all air passengers, regardless of vaccination status must show a negative COVID-19 test taken no more than one day before travel to the U.S. 

To recap – in order for a non-U.S. citizen to enter the U.S., they must show proof of vaccination status AND a negative COVID-19 test taken no more than one day before traveling to the U.S. The CDC has a travel assessment quiz to help you figure out what is needed to board a flight to the U.S. at  https://www.cdc.gov/coronavirus/2019-ncov/travelers/international-travel/travel-assessment/index.html.


Proclamation on Advancing the Safe Resumption of Global Travel During the COVID-19 Pandemic

On October 25, 2021, President Biden signed a Proclamation titled Proclamation on Advancing the Safe Resumption of Global Travel During the COVID-19 Pandemic, which effective November 8, 2021, will lift the four current geographic travel ban restrictions (see below) and replace them with a global requirement that “non-citizens who are nonimmigrants” traveling to the United States by air from any part of the world establish that they are fully vaccinated, with some limited exceptions. “Noncitizens who are nonimmigrants” are H-1B, J-1, O-1, P-3, TN, E-3, B-1, B-2, and their dependents H-4, J-2, O-3, P-3D, TD and E-3D.

A separate CDC order will also continue to require all air travelers to show results of a negative COVID-19 test performed on a specimen taken during the three days (if fully vaccinated) or one day (if not fully vaccinated and entering under an exception) preceding their flight’s departure from a foreign country traveling to the United States. This is in addition to proof of vaccination.

“Noncitizens who are nonimmigrants” who are traveling by air will have to show both the negative COVID-19 test and documentation that they are either fully vaccinated or are eligible for an exception to the vaccination requirement.

To assist a traveler in what is required when traveling to the United States by air, visit the CDC travel assessment page and answer a few questions.

For more information on the updated Proclamation, click on the links below: 


Revoked on November 8, 2021.

Proclamation on the Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease. 

On January 25, 2021, President Biden signed Proclamation 10143 titled Proclamation on the Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease. This Proclamation limits travel to the U.S. by individuals who were present in certain countries during the 14-day period prior to their planned entry into the U.S.

India

  • Proclamation 10199 of April 30, 2021. Adds India to the list of countries travel through which subjects individuals to a 14-day COVID-19 travel ban. “The entry into the United States, as immigrants or nonimmigrants, of noncitizens who were physically present within the India during the 14-day period preceding their entry or attempted entry into the United States, is hereby suspended and limited subject to section 2 of this proclamation.” This proclamation is “effective at 12:01 a.m. eastern standard time on May 4, 2021.  The suspension and limitation on entry set forth in section 1(b) of this proclamation does not apply to persons aboard a flight scheduled to arrive in the United States that departed prior to 12:01 a.m. eastern standard time on May 4, 2021.”

South Africa

  • Effective January 30, 2021. Adds South Africa to the list of countries travel through which subjects individuals to a 14-day COVID-19 travel ban. “The entry into the United States, as immigrants or nonimmigrants, of noncitizens who were physically present within the Republic of South Africa during the 14-day period preceding their entry or attempted entry into the United States, is hereby suspended and limited subject to section 2 of this proclamation.” This proclamation is “effective at 12:01 a.m. eastern standard time on January 30, 2021.  The suspension and limitation on entry set forth in section 1(b) of this proclamation does not apply to persons aboard a flight scheduled to arrive in the United States that departed prior to 12:01 a.m. eastern standard time on January 30, 2021.”

China

  • Proclamation 9984 of January 31, 2020 (President Trump), published at 85 FR 6709 (February 5, 2020). Suspends entry into the United States of all aliens (immigrants, nonimmigrants, and other non-U.S. citizens) who were physically present within the People’s Republic of China, excluding the Special Autonomous Regions of Hong Kong and Macau, during the 14-day period preceding their entry or attempted entry into the United States. This coronavirus travel ban went into effect starting 5 p.m. on Sunday, February 2, 2020.
  • Proclamation 10143 of January 25, 2021 (President Biden). Clarifies that President Trump’s China Proclamation 9984 of January 31, 2020 “shall remain in effect until terminated by the President” (Biden).

Iran

  • Proclamation 9992 of February 29, 2020 (President Trump), published at 85 FR 12855 (March 4, 2020). Suspends entry into the United States of all aliens (immigrants, nonimmigrants, and other non-U.S. citizens) who were physically present within the Islamic Republic of Iran during the 14-day period preceding their entry or attempted entry into the United States. This coronavirus travel ban went into starting 5:00 p.m. eastern standard time on March 2, 2020.
  • Proclamation 10143 of January 25, 2021 (President Biden). Clarifies that President Trump’s Iran Proclamation 9992 of February 29, 2020 “shall remain in effect until terminated by the President” (Biden).

European Schengen Area. The European Schengen area includes Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland.

  • Proclamation 9993 of March 11, 2020 (President Trump), published at 85 FR 15045 (March 16, 2020). “The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the Schengen Area during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation… This proclamation is effective at 11:59 p.m. eastern daylight time on March 13, 2020.”
  • Proclamation 10143 of January 25, 2021 (President Biden). Clarifies that President Trump’s Schengen Area Proclamation 9993 of March 11, 2020 “shall remain in effect until terminated by the President” (Biden). This amendment renders moot President Trump’s Proclamation 10138 of January 18, 2021, which would have terminated effective January 26, 2021 the restrictions on travelers from the Schengen Area, the United Kingdom, the Republic of Ireland, and Brazil. For travelers in those countries who began air travel to the United States in reliance on President Trump’s Proclamation 10138, President Biden’s Proclamation of January 25, 2021 further provides that “The suspension and limitation on entry set forth in section 1(a) of this proclamation does not apply to persons aboard a flight scheduled to arrive in the United States that departed prior to 12:01 a.m. eastern standard time on January 26, 2021.”

Ireland and United Kingdom. Covers England, Scotland, Wales, Northern Ireland, and the Republic of Ireland.

  • Proclamation 9996 of March 14, 2020 (President Trump), published at 85 FR 15341 (March 18, 2020). “The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the United Kingdom, excluding overseas territories outside of Europe, or the Republic of Ireland during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited … This proclamation is effective at 11:59 p.m. eastern daylight time on March 16, 2020.”
  • Proclamation 10143 of January 25, 2021 (President Biden). Clarifies that President Trump’s Ireland and United Kingdom Proclamation 9996 of March 14, 2020 “shall remain in effect until terminated by the President” (Biden). Clarifies that President Trump’s Iran Proclamation 9992 of February 29, 2020 “shall remain in effect until terminated by the President” (Biden). This amendment renders moot President Trump’s Proclamation 10138 of January 18, 2021, which would have terminated effective January 26, 2021 the restrictions on travelers from the Schengen Area, the United Kingdom, the Republic of Ireland, and Brazil. For travelers in those countries who began air travel to the United States in reliance on President Trump’s Proclamation 10138, President Biden’s Proclamation of January 25, 2021 further provides that “The suspension and limitation on entry set forth in section 1(a) of this proclamation does not apply to persons aboard a flight scheduled to arrive in the United States that departed prior to 12:01 a.m. eastern standard time on January 26, 2021.”

Brazil

  • Proclamation 10041 of May 24, 2020 (President Trump), published in the Federal Register at 85 FR 31933 (May 28, 2020). Suspends entry into the United States of all aliens (immigrants, nonimmigrants, and other non-U.S. citizens) who were physically present within the Federative Republic of Brazil during the 14-day period preceding their entry or attempted entry into the United States. The May 24, 2020 proclamation contained a May 28, 2020 effective date, but a May 25, 2020 amendment to the proclamation, also published in the Federal Register at 85 FR 32291 (May 28, 2020) as Proclamation 10042, revised the effective date to May 26, 2020. Section 5 of the May 24, 2020 proclamation was amended to provide: “This proclamation is effective at 11:59 p.m. eastern daylight time on May 26, 2020.”
  • Proclamation 10143 of January 25, 2021 (President Biden). Clarifies that President Trump’s Brazil Proclamation 9992 of February 29, 2020 “shall remain in effect until terminated by the President” (Biden). This amendment renders moot President Trump’s Proclamation 10138 of January 18 2021, which would have terminated effective January 26, 2021 the restrictions on travelers from the Schengen Area, the United Kingdom, the Republic of Ireland, and Brazil. For travelers in those countries who began air travel to the United States in reliance on President Trump’s Proclamation 10138, President Biden’s Proclamation of January 25, 2021 further provides that “The suspension and limitation on entry set forth in section 1(a) of this proclamation does not apply to persons aboard a flight scheduled to arrive in the United States that departed prior to 12:01 a.m. eastern standard time on January 26, 2021.”

Executive Order on Promoting COVID-19 Safety in Domestic and International Travel

On January 21, 2021, President Biden signed the Executive Order on Promoting COVID-19 Safety in Domestic and International Travel. This Order goes into effect on January 26, 2021.

On January 12, 2021, the U.S. Centers of Disease Control (CDC) stated that the CDC has issued “an Order requiring all air passengers arriving to the U.S. from a foreign country to get tested no more than three days before their flight departs and to provide proof of the negative result or documentation of having recovered from COVID-19 to the airline prior to boarding the flight.”

On January 25, 2021, the Department of State published a Fact Sheet titled Negative COVID-19 Test Required for Travel to the United States Beginning January 26. 


Expired on March 31, 2021.

Proclamation Suspending Entry of Certain H, J, and L Nonimmigrants

On June 22, 2020, the President Trump signed Proclamation 10052 titled Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak, that went into effect at at 12:01 a.m. eastern daylight time on June 24, 2020. A June 29, 2020 amendment clarifies that the exception at Section 3(a)(ii) of Proclamation 10052 applies only to individuals with a valid H, J, or L visa and are planning to seek admission to the United States in one of those categories.

In summary, the Proclamation bars the entry of people who are outside the U.S. and who are seeking entry into the U.S., but do not possess a valid H-1B, H-4, J-1 or J-2 visa by the effective date.  If the person already has a valid visa in their passport, they will be allowed to enter the U.S. on that visa. The Proclamation does not affect Canadians who do not require a visa to enter the U.S. The Proclamation is in effect until March 31, 2021 (updated 12/31/2020).

The Proclamation does not affect UH‘s ability to file H-1B petitions for ex/tension, change of status, amendment, or change of employer.

As for J-1 exchange visitors – the Proclamation does not affect new entries of J students, researchers, professors, short-term scholars, and specialists.


Presidential Proclamation on Suspension of Entry as Nonimmigrants of Certain Students and Researchers from the People’s Republic of China

On May 29, 2020, President Trump signed Proclamation 10043 titled Proclamation on Suspension of Entry as Nonimmigrants of Certain Students and Researchers from the People’s Republic of China (PRC).This Proclamation is effective 12:00 p.m. EDT on June 1, 2020, and will remain in effect until terminated by the President.

Section 1 of the proclamation suspends “entry into the United States as a nonimmigrant of any national of the PRC seeking to enter the United States pursuant to an F or J visa to study or conduct research in the United States, except for a student seeking to pursue undergraduate study,” and who either:

  • Currently “receives funding from or who currently is employed by, studies at, or conducts research at or on behalf of… an entity in the PRC that implements or supports the PRC’s ‘military-civil fusion strategy’,” or
  • In the past “has been employed by, studied at, or conducted research at or on behalf of… an entity in the PRC that implements or supports the PRC’s ‘military-civil fusion strategy'”

Under the proclamation, “the term “military-civil fusion strategy” means actions “by or at the behest of the PRC to acquire and divert foreign technologies, specifically critical and emerging technologies, to incorporate into and advance the PRC’s military capabilities.”

Who is exempt from the Proclamation?

  • Undergraduate students in F or J status;
  • Graduate students and researchers if they do not have any of the specific current or past funding, employment, study, or research nexuses with “an entity in the PRC that implements or supports the PRC’s ‘military-civil fusion strategy’.”; and
  • Individuals who listed in Section 2

The proclamation focuses on the specified connections with PRC entities that implement or support the PRC’s effort “to acquire and divert foreign technologies, specifically critical and emerging technologies, to incorporate into and advance the PRC’s military capabilities.” What are those entities? The preface to the Executive Order as well as the June 1, 2020 DOS press release call out the People’s Liberation Army (PLA), so that and entities clearly connected or tied to it are likely candidates. It is the role of agencies, rather than of schools, to identify the entities and determine the connections to those entities: DOS, in determining visa eligibility, and DHS, to determine admissibility at a port of entry.

In a June 16, 2020 teleconference, the DOS indicated that the list of entities will not be made public. However, DOS did indicate the following resources that could give individuals a better background understanding:


Presidential Proclamation Temporarily Pausing Immigration –  NO IMPACT to exchange visitors and current faculty and staff

On April 22, 2020, President Trump signed Proclamation 10014 titled Proclamation on Suspending Entry as Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following COVID-19 Outbreak. The Proclamation suspends the entry of certain new immigrants for 60 days effective 11:59 p.m. EST on April 23, 2020.

Nonimmigrant visa holders including J-1 exchange visitors, H-1B, E-3, TN, and O-1 workers are NOT impacted. The proclamation DOES NOT affect current U.S. lawful permanent resident holders, spouses and children of U.S. citizens.

The Proclamation ONLY impacts pending immigrant visa application for permanent residency for persons who are outside the U.S. on the effective date of the proclamation and who do not have an approved immigrant visa.


Revoked November 8, 2021.

President Trump issued four COVID-19 related proclamations to limit entry to the United States. These proclamations remain in effect until terminated by the President.

China Travel Proclamation. January 31, 2020 – Proclamation 9984 of January 31, 2020, published at 85 FR 6709, titled Proclamation on Suspension of Entry as Immigrants and Nonimmigrants of Persons who Pose a Risk of Transmitting 2019 Novel Coronavirus. The proclamation cites INA 212(f) to suspend entry into the United States of all aliens (immigrants, nonimmigrants, and other non-U.S. citizens) who were physically present within the People’s Republic of China, excluding the Special Autonomous Regions of Hong Kong and Macau, during the 14-day period preceding their entry or attempted entry into the United States. This coronavirus travel ban is effective starting 5 p.m. on Sunday, February 2, 2020.

Iran Travel Proclamation. February 29, 2020 – Proclamation 9992 of February 29, 2020, published at 85 FR 12855, titled Proclamation on the Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus. The proclamation cites INA 212(f) to suspend entry into the United States of all aliens (immigrants, nonimmigrants, and other non- U.S. citizens) who were physically present within the Islamic Republic of Iran during the 14-day period preceding their entry or attempted entry into the United States. This coronavirus travel ban is effective starting 5:00 p.m. eastern standard time on March 2, 2020. This proclamation does not apply to persons aboard a flight scheduled to arrive in the United States that departed prior to 5:00 p.m. eastern standard time on March 2, 2020.

European Schengen Area Proclamation. March 11, 2020 – Proclamation 9993 of March 11, 2020, titled Proclamation – Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus. “The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the Schengen Area during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation… This proclamation is effective at 11:59 p.m. eastern daylight time on March 13, 2020. This proclamation does not apply to persons aboard a flight scheduled to arrive in the United States that departed prior to 11:59 p.m. eastern daylight time on March 13, 2020.” Although in his address President Trump reportedly said the ban would last 30 days, the proclamation language itself states that it “shall remain in effect until terminated by the President.”

  • Note: the European Schengen area includes Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland.

Ireland and United Kingdom Proclamation. March 14, 2020 – Proclamation 9996 of March 14, 2020, titled Proclamation on the Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus. “The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the United Kingdom, excluding overseas territories outside of Europe, or the Republic of Ireland during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited … This proclamation is effective at 11:59 p.m. eastern daylight time on March 16, 2020.  This proclamation does not apply to persons aboard a flight scheduled to arrive in the United States that departed prior to 11:59 p.m. eastern daylight time on March 16, 2020.”

Brazil. May 24-25, 2020. Proclamation 10041 of May 24, 2020. Also published in the Federal Register at 85 FR 31933 (May 28, 2020). Suspends entry into the United States of all aliens (immigrants, nonimmigrants, and other non-U.S. citizens) who were physically present within the Federative Republic of Brazil during the 14-day period preceding their entry or attempted entry into the United States. The May 24, 2020 proclamation contained a May 28, 2020 effective date, but a May 25, 2020 amendment to the proclamation, also published in the Federal Register at 85 FR 32291 (May 28, 2020) as Proclamation 10042, revised the effective date to May 26, 2020. Section 5 of the May 24, 2020 proclamation has been amended to provide: “This proclamation is effective at 11:59 p.m. eastern daylight time on May 26, 2020. This proclamation does not apply to persons aboard a flight scheduled to arrive in the United States that departed prior to 11:59 p.m. eastern daylight time on May 26, 2020.”

Restrictions on travel to and from travel ban regions are ever evolving. Please contact FSIS should you have any questions.


Rescinded on January 20, 2021 by President Biden titled “Ending Discriminatory Bans on Entry to the United States.” 

Travel Ban 4.0 – Improving Enhanced Vetting Capabilities and Processes for Detecting Attempted Entry

On January 31, 2020, President Trump signed Proclamation 9983 titled Improving Enhanced Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats.

On January 31, 2020, President Trump signed Proclamation 9983 titled Improving Enhanced Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats.

Also known as “Travel Ban 4.0.” Placed visa and entry restrictions on travelers from six additional countries: Eritrea, Kyrgyzstan, Myanmar, Nigeria, Sudan, and Tanzania. The new ban (Travel Ban 4.0) became effective at 12:01 eastern standard time on February 21, 2020. Travel Ban 4.0 contains restrictions on immigrants but not on nonimmigrants, so Travel Ban 4.0 will not impact acquisition of nonimmigrant visas like F-1 student, J-1 exchange visitor, H-1B worker, etc., or of admission to the United States in those categories. Meanwhile, Travel Ban 3.0 continues in effect on certain citizens of Iran, Libya, North Korea, Syria, Venezuela, Yemen, and Somalia.

Effective February 21, 2020. Currently in effect on: Eritrea, Kyrgyzstan, Myanmar, Nigeria, Sudan, and Tanzania.


Rescinded on January 20, 2021 by President Biden titled “Ending Discriminatory Bans on Entry to the United States.” 

Travel Ban 3.0 – Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats

On September 24, 2017, President Trump signed Proclamation 9645 titled Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats.

Referred to as “Travel Ban 3.0.” The Travel Ban 3.0 restrictions are country-specific, and tailored to the situation of each affected country. There are a number of important exemptions and exceptions to the ban.

DHS and DOS identified the affected countries as ones “that do not provide adequate information” on their citizens who apply for U.S. visas, admission to the United States, or other U.S. immigration benefits. The conditions imposed by the Proclamation will last until the country begins providing such information “or until the Secretary of Homeland Security certifies that the country has an adequate plan to do so, or has adequately shared information through other means.”

Signed September 24, 2017. Effective for some on September 24, 2017, and for others on October 18, 2017.

Currently in effect on seven countries:

  1. Iran
  2. Libya
  3. North Korea
  4. Syria
  5. Venezuela
  6. Yemen
  7. Somalia

An eighth country, Chad, was removed from this list effective April 13, 2018 (see Presidential Proclamation of April 10, 2018).


Buy American and Hire American (BAHA)

On April 18, 2017, President Trump signed Executive Order 13788 titled Buy American and Hire American (BAHA) seeking to “create higher wages and employment rates for workers in the United States, and to protect their economic interests.” This executive order:

  • Commits the executive branch to “rigorously enforce and administer the laws governing /entry into the United States of workers from abroad”
  • Calls on the Departments of Homeland Security, State, Labor, and Justice to “as soon as practicable, and consistent with applicable law, propose new rules and issue new guidance, to supersede or revise previous rules and guidance if appropriate, to protect the interests of United States workers in the administration of our immigration system, including through the prevention of fraud or abuse”
  • Calls on the same agencies to “as soon as practicable, suggest reforms to help ensure that H-1B visas are awarded to the most-skilled or highest-paid petition beneficiaries”