On the heels of consular closings and additional travel restrictions aimed at preventing the spread of the COVID-19, the Trump administration announced on Feb. 29, 2020, it will deny entry to all foreign nationals who were physically present in the Islamic Republic of Iran within 14 days prior to their attempted entry in the United States. The decision, announced via Presidential Proclamation 9992, follows Presidential Proclamation 9984, issued on Jan. 31, 2020, which restricts entry to foreign nationals from China. The ban is effective at 5:00 p.m. EST on March 2, 2020, and will remain in effect indefinitely at the president’s discretion; subject to review and recommendation by the secretary of Health and Human Services.

This ban does not apply to the following individuals:

  1. Lawful permanent residents (green card holders);
  2. Spouses of U.S. citizens and lawful permanent residents;
  3. The parent or legal guardian of a U.S. citizen or lawful permanent resident who is unmarried and under the age of 21;
  4. The siblings of U.S. citizens and lawful permanent residents, provided both are unmarried and under the age of 21;
  5. The child, foster child, prospective adoptee or ward of a U.S. citizen or lawful permanent resident;
  6. Crew members traveling as air or sea crew;
  7. Any foreign national traveling at the invitation of the U.S. government to assist with containing or mitigating the coronavirus;
  8. Foreign nationals holding diplomatic visas, including dependents of such individuals holding derivative visas;
  9. Holders of E-1 Visa Status;
  10. Foreign nationals the CDC has determined would not pose a significant risk to the U.S.;
  11. Foreign nationals whose entry is determined to be in the national interest or further important law enforcement objectives; and
  12. Members of the U.S. Armed Forces, as well as their spouses and children.

Therefore, the ban applies to any foreign nationals holding nonimmigrant visas such as H, L, and O, among others, who have traveled to Iran since Feb. 17, 2020.

The order likewise amends Proclamation 9984 to exempt foreign nationals 1) in E-1 visa status; and 2) whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement. Additionally, it amends the review and termination procedure for 9984 and “any other proclamation suspending or limiting the entry of foreign nationals into the United States as immigrants or nonimmigrants because of the threat posed by the virus.” Where the proclamation was previously subject to recommendation by the secretary of Health and Human Services to continue, modify, or terminate the ban every 15 days, the secretary shall now offer their recommendation to the president “on the first and fifteenth day of each calendar month.” A third amendment to 9984 provides that the secretary of Homeland Security may establish standards and procedures to implement the ban at all ports of entry.

We will provide updates as more information becomes available.

Read additional GT Insights on coronavirus.

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Photo of Courtney B. Noce Courtney B. Noce

Courtney B. Noce co-chairs the Immigration & Compliance Practice. She focuses her practice on U.S. business immigration, compliance and enforcement actions, as well as global immigration. She represents both large multinational companies and small start-ups on the full range of employment-based immigration, ranging

Courtney B. Noce co-chairs the Immigration & Compliance Practice. She focuses her practice on U.S. business immigration, compliance and enforcement actions, as well as global immigration. She represents both large multinational companies and small start-ups on the full range of employment-based immigration, ranging from permanent residence (PERM, National Interest Waivers, Extraordinary Ability/Outstanding Researcher, Multi-National Managers, among others) to nonimmigrant visa categories (H-1B, H-3, J-1, L-1A/B, O-1, TN). Courtney has a particular understanding of working with the retail industry and the ever-evolving challenges this industry faces.

Courtney works closely with companies on complex challenges associated with I-9 employment verification, enforcement actions, as well as H-1B and LCA compliance. She provides proactive strategies in the form of onsite training, internal audits and reviews, as well as deploying best practices to minimize exposure and liabilities in the event of government investigations.

Courtney also assists multinational clients in the area of global mobility and immigration. She has experience helping companies move key personnel into all parts of the world.

Prior to practicing law Courtney worked with the Georgia Department of Economic Development as a Business Development and Project Manager. In this role, she helped Life Sciences and Technology companies move to and expand in the State of Georgia. She worked frequently with international and domestic companies addressing global mobility needs, and is acutely aware of the important role immigration plays for global companies.

Courtney has studied, lived, and worked in Canada, France, and Italy. She is fluent in Italian, proficient in French and has basic Spanish skills.