On January 31, 2020, the President signed a proclamation to ban the entry of certain visa holders into the United States who may pose a risk of transmitting the novel corona virus (2019-nCoV). Since the first reported cases from December 2019, tens of thousands of people in China have been infected and new cases are being reported around the world. The January 31 entry ban was implemented without any advance notice and it will directly impact a sizable portion of foreign nationals who seek to travel to the United States.

When did the corona virus entry ban go in effect?

The entry ban went into effect at 5:00 pm on February 2, 2020. The U.S. government has not yet announced when these restrictions will be lifted.

Who is affected?

The new entry ban applies to all nonimmigrants aliens, a.k.a. all temporary visa holders who were physically present in the People’s Republic of China, excluding the Special Administrative Regions of Hong Kong and Macau, during the 14-day period preceding their entry or attempted entry into the United States. Any such individual who attempts to enter the United States, regardless that they may holds valid visas, will be denied entry at the border.

Is anyone exempt from the corona virus entry ban?

The U.S. corona virus entry ban does not apply to the following classes of individuals:

  • U.S. citizens and lawful permanent residents (green card holders);
  • Spouses of U.S. citizens or permanent residents;
  • Parents or guardians of U.S. citizens or permanent residents if the U.S. citizen or permanent resident is unmarried and under the age of 21;
  • Siblings of U.S. citizens or permanent residents under the age of 21;
  • Children, foster children, wards, or prospective adoptees of U.S. citizens and permanent residents;
  • Those who have been specifically invited to travel to the United States by the U.S. Government;
  • Nonimmigrants who are transiting through the United States to a third destination or as crewmembers;
  • Nonimmigrants with special ambassador, government official, or NATO visas;
  • Certain individuals whose entry is determined to be in the U.S. national interest by either the Director of the Centers for Disease Control and Prevention, U.S. Secretary of State, U.S. Secretary of Homeland Security, or U.S. Attorney General;
  • Asylum applicants.

Anyone of the above listed exempted individuals who has physically traveled to the Hubei Province in China, where the virus originated, will still be subject to “orderly medical screening” and two weeks of quarantine upon arrival in the United States. Exempted individuals who have visited other provinces in China will undergo proactive health screenings in the United States.

Employers who do business in China should be aware that any employee or colleague who has traveled to China at any point in the past 14 days and does not fit into the exempted categories above will not be allowed to return to the United States until this proclamation is terminated. This includes those in H-1B, L-1, and TN employment visas, as well as students in F or J nonimmigrant status. Likewise, fiancées travelling on K visas will not be admitted.

While the administration has issued some details about the entry ban, there are still many questions that will arise by travelers and visa holders. We welcome consultations for anyone with questions about their unique situation:

  • You are in the United States on a visitor’s visa that will soon expire, but you don’t want to return to China right now. What can you do?
  • You have been working on an L-blanket visa and traveled to China to renew your visa. For the time being, you cannot return to the United States after going to your consular appointment in China. What are your immigration options?
  • Your fiancée is a Chinese national with a K-1 visa that will expire in two months. She cannot travel to the United States now, but can they reapply for a new visa once the ban is over?
  • Your business depends on constant travel to and from China by your employees based in the United States, some of which are foreign nationals on temporary work visas. What can you do to ensure your foreign workers will be allowed to return to the United States?

With an estimated 14,000 people travelling between the United States and China daily, this announcement will affect many. If you have questions about how this proclamation will affect you, your family, or your business, we encourage you to schedule a consultation with one of our attorneys. As new information is available, we will stay up to date in order to provide clients with accurate and timely information and advice.