Executive Orders and Travel Restrictions Information

NOTE:  This information covers the June 26, 2017 Supreme Court reinstatement of parts of the executive order on travel/admission to the U.S. signed on March 6, 2017.

Updated July 6, 2017, 11:00 a.m. by International Student and Scholar Services

This website will serve as a frequently updated resource for those at the University of Iowa on F-1, F-2, J-1, and J-2 visas and associated departments/staff/faculty.

If you are in some other status, please see the section on Who To Contact.

Contents

We ask that students, scholars, and departments understand that order and rulings can change very quickly, legal challenges continue, and clear guidance and answers are not necessarily immediately available to ISSS.  Hence the information provided here is the most detailed we can offer at the moment.

Readers should check back frequently and be certain to read the Update Tracker for the most recent guidance.  ISSS will send out notices only if significant updates are available through the following processes:

  • Direct emails to international students and scholars
  • Updates to the ISSS listserv for departments/staff/faculty.  Subscribe here if you wish to receive the listserv updates.

 

The Executive Orders

This section includes:

  • Visa Processing Requirements - for students, scholars, and dependents from all countries
  • Restrictions for nationals of Iran, Libya, Somalia, Sudan, Syria, and Yemen
  • Updated information for citizens of Iraq

On March 6, 2017 a new, updated executive order, “Protecting the Nation From Foreign Terrorist Entry Into the United States,” was signed updating and revoking the previous orders issued on January 27, 2017.  The new orders were to become effective at 12:01 a.m. EST on March 16, 2017 but on March 15 a federal judge placed a temporary restraining order on sections 2 and 6 of these orders.  On June 26, 2017 the U.S. Supreme Court reinstated parts of these orders, meaning they are again currently effective, until the Supreme Court hears arguments later in the fall of 2017.  The most pertinent section of the Supreme Court's decision:

"The injunctions remain in place only with respect to parties similarly situated to Doe, Dr. Elshikh, and Hawaii. In practical terms, this means that §2(c) may not be enforced against foreign nationals who have a credible claim of a bona fide relationship with a person or entity in the United States. All other foreign nationals are subject to the provisions of EO–2. The facts of these cases illustrate the sort of relationship that qualifies. For individuals, a close familial relationship is required. A foreign national who wishes to enter the United States to live with or visit a family member, like Doe’s wife or Dr. Elshikh’s mother-in-law, clearly has such a relationship. As for entities, the relationship must be formal, documented, and formed in the ordinary course, rather than for the purpose of evading EO–2. The students from the designated countries who have been admitted to the University of Hawaii have such a relationship with an American entity. So too would a worker who accepted an offer of employment from an American company or a lecturer invited to address an American audience. Not so someone who enters into a relationship simply to avoid §2(c): For example, a nonprofit group devoted to immigration issues may not contact foreign nationals from the designated countries, add them to client lists, and then secure their entry by claiming injury from their exclusion."

The full text of the March 2017 order may currently be read on the website of the Washington Post.  The text should also eventually be published at https://www.whitehouse.gov/ and the Federal Register.  While the order deals in part with issues relating to refugees, other parts will impact international students and scholars as noted below.

Visa Application Process for Everyone, Regardless of Country of Citizenship

Sec. 9. Visa Interview Security. (a) The Secretary of State shall immediately suspend the Visa Interview Waiver Program and ensure compliance with section 222 of the INA, 8 U.S.C. 1202, which requires that all individuals seeking a nonimmigrant visa undergo an in-person interview, subject to specific statutory exceptions. This suspension shall not apply to any foreign national traveling on a diplomatic or diplomatic-type visa, North Atlantic Treaty Organization visa, C-2 visa for travel to the United Nations, or G-1, G-2, G-3, or G-4 visa; traveling for purposes related to an international organization designated under the IOIA; or traveling for purposes of conducting meetings or business with the United States Government.

Note:  This section of the orders are still in place and are not impacted by either of the federal court temporary restraining orders as of March 17, 2017.

This means all F and J visa applicants will be required to apply through an in-person appointment with the U.S. consulate.  This would impact any of our international students and scholars and their dependents, regardless of country of citizenship (except for the six countries listed below).  One example of this would be the "bank" or "drop off" system used by many Chinese and Indian citizens to "renew" visas.  (Note:  As of June 2017 ISSS has received reports that some "drop off" programs are continuing to function as normal.  We do not know if this is temporary, and suggest contacting the consulate that you would use to renew your visa to determine whether you need to appear in person or not.)

  • If your current F or J visa is still valid, this will not impact you.
  • If your current F or J visa is expired but you are staying inside the U.S., then this will not impact you.
  • If your F or J visa is expired AND you travel outside the U.S., then you must make an appointment to go to the U.S. consulate in person to renew your visa.
  • At this time we cannot predict how appointment wait times and processing times will be impacted, or whether F and J visa applicants will continue to be eligible for priority appointments, as has been the case in the past.  All ISSS can suggest at this point is to plan ahead as much as possible, and visit the website of the consulate where you would renew your visa to see what they list as current wait times.

 

Entry Restrictions for Specific Countries

(c) To temporarily reduce investigative burdens on relevant agencies during the review period described in subsection (a) of this section, to ensure the proper review and maximum utilization of available resources for the screening and vetting of foreign nationals, to ensure that adequate standards are established to prevent infiltration by foreign terrorists, and in light of the national security concerns referenced in section 1 of this order, I hereby proclaim, pursuant to sections 212(f) and 215(a) of the INA, 8 U.S.C. 1182(f) and 1185(a), that the unrestricted entry into the United States of nationals of Iran, Libya, Somalia, Sudan, Syria, and Yemen would be detrimental to the interests of the United States. I therefore direct that the entry into the United States of nationals of those six countries be suspended for 90 days from the effective date of this order, subject to the limitations, waivers, and exceptions set forth in sections 3 and 12 of this order.  NOTE:  the 90 day period now extends from June 29, 2017.

Note:  On June 26, 2017 the U.S. Supreme Court reinstated the travel restrictions, but clarified that anyone with a "bona fide" relationship with a person or entity in the U.S. should not be refused entry.  This should include those returning here or coming here for the first time as students, scholars, or their dependents.  However, as always we cannot guarantee any individuals may not have problems and citizens from these countries are still advised to travel with caution.

Individuals from the following countries are impacted by this section.

  • Iran
  • Libya
  • Somalia
  • Sudan
  • Syria
  • Yemen

Exceptions to the above:

  • the suspension of entry to the U.S. will not apply to Lawful Permanent Residents (green card holders)
  • any foreign national who is admitted to or paroled into the U.S. on or after the effective date of this order
  • any foreign national who has a document other than a visa, valid on the effective date of this order or issued on any date after, that permits him or her to travel to the U.S. to seek entry or admission, such as an advance parole document
  • any dual national of one of the above six countries, as long as they are traveling on a passport issued by a non-designated country
  • any foreign national traveling on diplomatic, NATO, C-2, G-1, G-2, G-3, or G-4 visas
  • any foreign national who has been granted asylum, any refugee who has already been admitted to the U.S., or any individual who has been granted withholding of removal, advance parole, or protection under the Convention Against Torture
  • Additional exception as of June 26, 2017 - the U.S. Supreme Court states those with a "bona fide" relationship to an individual or entity in the U.S. should not be refused entry; this should include those who are students, scholars, and their dependents

 

What About Citizens of Iraq?

The above restrictions no longer include Iraq.  However, additional processes or scrutiny may now be implemented when attempting to obtain a visa or enter the U.S.

Sec. 4. Additional Inquiries Related to Nationals of Iraq. An application by any Iraqi national for a visa, admission, or other immigration benefit should be subjected to thorough review, including, as appropriate, consultation with a designee of the Secretary of Defense and use of the additional information that has been obtained in the context of the close U.S.Iraqi security partnership, since Executive Order 13769 was issued, concerning individuals suspected of ties to ISIS or other terrorist organizations and individuals coming from territories controlled or formerly controlled by ISIS. Such review shall include consideration of whether the applicant has connections with ISIS or other terrorist organizations or with territory that is or has been under the dominant influence of ISIS, as well as any other information bearing on whether the applicant may be a threat to commit acts of terrorism or otherwise threaten the national security or public safety of the United States.

 

Update Tracker

July 6, 2017 - Added fiancee to the list of "close familial relationship"
June 29, 2017 - Added update regarding definitions of "close familial relationship" for those who wish to invite family, see the FAQ section for details.
June 27, 2017 - Added update regarding June 26 Supreme Court reinstatement of parts of the executive order.
March 17, 2017 - Added update regarding March 15 temporary restraining order impacting citizens from the 6 countries.
March 6, 2017 - Added information from the newly updated executive order signed today.

 

Information for Newly Admitted or Future International Students

New Students Who Have Never Been on a Student Visa Before

  • If you are from one of the six countries listed above, you should still apply to be admitted to the University of Iowa.  According to the June 26, 2017 Supreme Court ruling, those who are admitted as students should still be eligible for entry to the U.S.  We recommend bringing a copy of your admission letter when you travel to the U.S.  You should be prepared for the possibility, however, that your visa application could still be subject to a background security check.  The background check process has been in place for several years, so is not new or part of these executive orders.  If this happens it could cause delays in obtaining a visa.  There is nothing the University of Iowa can do to speed up or resolve a background check.  If it appears the background check will prevent you from arriving on time for the fall 2017 semester,  you will need to communicate with the Office of Admissions (undergraduates) or your admitting department (graduate and professional students) to see if your admission can be deferred to a future semester.
  • If you are from any other country, the visa application process has not changed.  You will make an appointment to go in person to the U.S. consulate and apply for your F-1 or J-1 visa.

 

New Students Who Are Transferring from Another U.S. School

  • If you are from one of the six countries listed above, you should still arrange to have your current school transfer your SEVIS record to the University of Iowa once your studies end there.   If you choose to travel outside the U.S., if your current F or J visa is expired you will be required to apply for a new one, and must do so in person at a U.S. consulate.  We also recommend having a copy of your admission letter with you when you enter the U.S.
  • If you are from any other country, you should arrange to have your current SEVIS record transferred to the University of Iowa once your studies end there.  You may choose to stay in the U.S. between the time your current school's studies end and your University of Iowa courses begin, assuming that period of time is 5 months or less.  If you choose to travel outside the U.S., if your current F or J visa is expired you will be required to apply for a new one, and must do so in person at a U.S. consulate.

Former University of Iowa Students Returning After an Absence

  • Please contact International Student and Scholar Services for guidance on your visa situation.

Information for Academic Programs

  • Applications from international students from the six countries should be considered, admitted, and processed as usual.  Students will then follow the visa application process listed above.

 

Frequently Asked Questions

I am from one of the six countries listed.  What should I do?   While the Supreme Court permits the U.S. government to again restrict the travel of some from one of these six countries, those here or coming here as students, scholars, or their F-2 or J-2 dependents should not be included in the restrictions; however as always ISSS suggestions remaining very cautious about leaving the U.S. at this time.  

I am from a country that is not on the list (ex. China, Germany, Australia, etc.).  Do I need to be worried or do anything differently?  At this point the only change for you is if (1) you travel outside the U.S. and (2) your visa is expired so that you need to renew your F or J visa.  If this is the case, then you would be required to go in person to the U.S. consulate to complete the application process - you cannot use any mail-in or bank application processes, it must be done in-person.  If your visa is still valid, or you are staying inside the U.S., then nothing is different for you.  See the information provided above.  (Note:  As of June 2017 ISSS has heard from some students who were still able to use the "drop off" system to renew visas; we do not know if this is temporary or whether consulates had not had time to implement changes - if you need to get a new visa we suggest contacting the consulate to determine if they require you to come in person or not.)

I am an enrolled student who is in a status other than F or J, who can help me?  See the section below on Who To Contact, you can speak with Student Legal Services or the College of Law Legal Clinic, if you do not already have your own immigration attorney.

I am a foreign national employee who is not an enrolled student and am also not on a University of Iowa immigration document, who can help me?  See the section below on Who To Contact, you can speak with the College of Law Legal Clinic if you do not already have your own immigration attorney.

I am from one of the six countries listed.  Will this prevent me from extending my I-20 or DS-2019, applying for OPT or CPT, or obtaining part-time authorization?  No, none of these things are impacted by this order. You are still able to apply for the usual benefits available to those in F or J status.

What does "bona fide relationship with a person or entity in the United States" mean?  Does this mean students and scholars will not encounter any problems at the Port of Entry?  We cannot say with certainty at this point.  While we would like to assume showing your active I-20 or DS-2019 will be sufficient evidence at the Port of Entry, the original March orders had mentioned a special "waiver" process.  If ISSS learns that any special actions will be needed we will update as quickly as possible.  In the meantime, if you are from one of the six countries you may wish to also carry a transcript along with proof showing you are registered for the current or the next semester if you will travel this summer.

What about my family or friends who want to come visit?  How do they define "close familial relationship?"  The U.S. Department of State issued clarification of this on June 28.  According to the Reuters news service, which has posted text from the Department of State cable:

  • “Close family” is defined as a parent (including parent-in-law), spouse, child, adult son or daughter, son-in-law, daughter-in-law, sibling, whether whole or half.  This includes step relationships. Fiancees were recently added.
  • “Close family” does not include grandparents, grandchildren, aunts, uncles, nieces, nephews, cousins, brothers-laws and sisters-in-law, and any other “extended” family members.

I am not from one of the six countries listed.  Could other countries be added?  Section 2, subsection (e) does state that "the Secretary of State, the Attorney General, or the Secretary of Homeland Security may submit to the President the names of additional countries for which any of them recommends other lawful restrictions or limitations...."  So yes, it is possible that new countries could be added to this order.

 

Beware of Scams Relating to the Executive Orders

ISSS has received reports about "scams" or criminal activity happening in some parts of the U.S. relating to the new executive orders.  These are situations where criminals are targeting international students and scholars by phone, posing as government or law enforcement officials such as the FBI, Department of Homeland Security, the police, etc. and trying to convince the students that they must immediately pay a large amount of money or they will immediately be arrested and deported.

If you receive such a call, it is NOT TRUE.

Scams like this have been around and targeting international students for years.  Remember ISSS has a website that mentions different types of common scams.  The only difference now is that they can use the fear and anxiety caused by the executive orders to help convince someone to pay.  No matter what, you would not be called on the phone like this and asked to pay money or be deported if there was something wrong with your status.  That's not how it works.

If you receive such a call, hang up.  Don't even bother speaking to the person.  If you are really worried, then please come see an ISSS advisor and we can help you sort out whether it is a scam.

 

Who To Contact

International Student and Scholar Services - for those in F-1, F-2, J-1, or J-2 status at the University of Iowa

ECFMG - for those at the University of Iowa through the J-1 ECFMG medical residents program

Faculty and Staff Immigration Services - for those on employment visas employed by and sponsored by the University of Iowa, such as H-1B, O-1, TN, UI sponsored green cards

Student Legal Services - for enrolled students other than F or J status

University of Iowa College of Law - Immigration Clinical Program - assistance and referrals for any members of the public with immigration subjects including Adjustment of Status, asylum applications, Deferred Action for Childhood Arrivals (DACA), employment authorization, family-based petitions, naturalization/citizenship, special immigrant juvenile status, T visas, Temporary Protected Status (TPS), U visas, Violence Against Women Act (VAWA) petitions

University Counseling Services - available for any enrolled students if you are experiencing distress, anxiety, and other emotional issues relating to these new orders and would like someone to talk to.

UI Employee Assistance Program - available to any university employees (including all J-1 visiting scholars) if you are experiencing distress, anxiety, and other emotional issues relating to these new orders and would like someone to talk to.

 

University of Iowa and Community Support

A collection of statements, articles, and actions from campus and the community.

  • Statement from Associate Provost and Dean of International Programs, Downing Thomas - February 1, 2017
  • Letter sent to the president of the United States and congressional leaders from the American Association for the Advancement of Science - President Harreld signed, adding the University of Iowa - January 31, 2017
  • Another letter signed by President Harreld in cooperation with the Association of American Universities is not yet available on the internet.
  • Article in The Gazette including statements from University of Iowa President Harreld and the University of Iowa Faculty Senate - February 2, 2017
  • The Iowa City Area Development group is promoting a printable poster, Hate Has No Business Here, from The Main Street Alliance, a national network of small businesses focused on public policy issues.  
  • Johnson County is joining the Welcoming America movement.
  • University of Iowa Clinical Law Students and Iowa Student Bar Association members hosted an information presentation on the executive orders for affected individuals, family, friends, and allies in the Iowa City community on Wednesday, February 8 in the Iowa City Public Library Room A.