On January 20, 2021, a significant shift in US immigration policy occurred as President Biden revoked the controversial Travel Bans enacted under Presidential Proclamations 9645 and 9983. This action, formalized through a Presidential Proclamation titled “Ending Discriminatory Bans on Entry to the United States,” effectively dismantled what were widely known as Travel Ban 3.0 and Travel Ban 4.0. These bans had previously restricted entry into the United States for nationals from a number of countries, based on their visa type and origin. This policy change marks a major turning point for individuals and families who were impacted by these restrictions, opening doors for visa applications and family reunification.
What Did the Travel Bans Entail?
The now-rescinded travel bans were implemented in stages under the Trump administration, beginning with initial measures in 2017 and expanding over time.
Travel Ban 3.0, initiated under Proclamation 9645, primarily targeted individuals from Iran, Libya, North Korea, Syria, Venezuela, Yemen, and Somalia. The restrictions varied by country, but generally included:
- Suspension of entry for immigrants from all listed countries.
- Suspension of entry for non-immigrants from North Korea and Syria across all visa categories.
- Suspension of entry for certain non-immigrant visa categories (B-1, B-2, B-1/B-2) for nationals of Libya, Venezuela (limited to government officials), and Yemen.
- Enhanced scrutiny for visa applicants from Somalia.
- Exemptions for students (F and M visas) and exchange visitors (J visas) from Iran, though subject to enhanced vetting.
Travel Ban 4.0, introduced via Proclamation 9983 in January 2020, added six more countries to the list: Eritrea, Kyrgyzstan, Myanmar, Nigeria, Sudan, and Tanzania. This ban focused on immigrant visas, with restrictions including:
- Suspension of entry for immigrants from Eritrea, Kyrgyzstan, Myanmar, and Nigeria (with exceptions for Special Immigrants who assisted the U.S. government).
- Suspension of entry for nationals of Sudan and Tanzania as Diversity Immigrants.
These travel bans were presented as necessary measures for national security, aimed at preventing the entry of terrorists and other public-safety threats. However, they faced widespread criticism and legal challenges, being labeled as discriminatory and harmful to international relations.
The Revocation and What It Means for Visa Applicants
President Biden’s revocation of Travel Bans 3.0 and 4.0 means that the restrictions based on these proclamations are no longer in effect. The immediate implication is that the Department of State can now resume processing visa applications for individuals from the affected countries without the limitations imposed by these bans.
For individuals previously denied visas due to these travel bans, the situation is as follows:
- Immigrant Visa (IV) Applicants Refused Before January 20, 2020: These applicants may reapply for a visa by submitting a new application (DS-260) and paying the application fee.
- Immigrant Visa (IV) Applicants Refused On or After January 20, 2020: These applicants can request their local embassy or consulate to reconsider their case within one year of the refusal date, without a new application or fee, if they were denied a waiver.
- Immigrant Visa (IV) Applicants with Waiver Eligibility Under Evaluation: Processing of their applications will continue. Embassies and consulates are prioritizing these cases.
- Nonimmigrant Visa Applicants Previously Refused: They need to submit a new visa application (DS-160) and pay a new fee if they wish to reapply.
It is important to note that while the legal restrictions have been lifted, the resumption of full visa services is a gradual process, particularly given the ongoing COVID-19 pandemic.
Phased Resumption of Visa Services and COVID-19 Considerations
While the policy change is immediate, the practical reality of visa processing requires a phased approach. U.S. embassies and consulates worldwide are working to resume routine visa services, but this is happening on a post-by-post basis, prioritizing services to U.S. citizens first.
The COVID-19 pandemic has significantly impacted embassy operations, leading to closures and reduced staffing. Therefore, the full resumption of visa services, including interviews for all applicants from previously affected countries, will take time.
Currently, embassies and consulates are focusing on:
- Processing emergency and mission-critical visas.
- Gradually expanding services as local conditions and safety guidelines allow.
- Addressing the backlog of cases, including those affected by the travel bans.
Applicants are advised to regularly check the website of their nearest U.S. embassy or consulate for the most up-to-date information on service availability and appointment scheduling. Expedited processing may be possible in certain urgent situations, and applicants should inquire with their local embassy if they believe their case qualifies.
A Look Back: The History of Travel Bans
To fully understand the significance of the revocation, it’s helpful to look back at the evolution of these travel restrictions.
The initial Travel Ban 1.0, enacted through Executive Order 13769 in January 2017, caused widespread confusion and controversy. It suspended entry for 90 days for nationals from seven predominantly Muslim countries (Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen), indefinitely suspended Syrian refugee entry, and significantly reduced overall refugee admissions. This ban faced immediate legal challenges and protests, leading to its partial blockage by federal courts.
Travel Ban 2.0, Executive Order 13780, was issued in March 2017 as a revised version, removing Iraq from the list and including waiver provisions. Despite these modifications, it also faced legal battles.
Travel Ban 3.0 (Proclamation 9645) and Travel Ban 4.0 (Proclamation 9983) were the versions ultimately upheld by the Supreme Court, remaining in effect until President Biden’s revocation.
The end of these travel bans represents a significant shift in US immigration policy, moving away from country-based restrictions and towards a potentially more inclusive approach. However, the pace of fully restoring visa services will depend on various factors, including the ongoing global health situation and the operational capacity of U.S. embassies and consulates worldwide. For those impacted, staying informed through official embassy websites and preparing necessary documentation for visa applications will be crucial steps moving forward.
Disclaimer: This article provides general information and should not be considered legal advice. Visa applicants should consult directly with the U.S. embassy or consulate in their country for specific guidance on their individual cases.
