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  • Joe Z. Deng

Presidential Proclamation 9645 and Presidential Proclamation 9983


Presidential Proclamation 9645 was the subject of many legal challenges brought in federal courts.  On June 26, 2018, the United States Supreme Court issued a decision regarding Presidential Proclamation 9645, ruling that the Proclamation was a lawful exercise of the President’s authority under the Immigration and Nationality Act.  Consistent with the Court’s decision, the Department has been processing visa applications in accordance with the Presidential Proclamation for subject nationals of the seven affected countries. 


On January 31, 2020, a new Presidential Proclamation (“Presidential Proclamation 9983”) was issued which added to the ongoing travel restrictions of P.P. 9645 by expanding them to the nationals of six additional countries.  Presidential Proclamation 9983 restricts the issuance of Immigrant Visas, including Diversity Visas but excluding certain categories of Special Immigrant Visas, to nationals of Burma, Eritrea, Kyrgyzstan, and Nigeria, while the issuance of Diversity Visas is suspended for nationals of Tanzania and Sudan.  These new restrictions will not apply to tourist, business, or other nonimmigrant travel.

Nationals of thirteen countries are currently subject to various travel restrictions contained in Proclamations 9645 and 9983, as listed below, subject to exceptions and waivers set forth in the Proclamations.


  • Burma. No restrictions under PP 9645 or PP 9983. No immigrant or diversity visas, except for Special Immigrants whose eligibility is based on having provided assistance to the United States Government.

  • Eritrea. No restrictions under PP 9645 or PP 9983. No immigrant or diversity visas, except for Special Immigrants whose eligibility is based on having provided assistance to the United States Government.

  • Iran. No nonimmigrant visas except F, M, and J visas. No immigrant or diversity visas

  • Kyrgyzstan. No restrictions under PP 9645 or PP 9983. No immigrant or diversity visas, except for Special Immigrants whose eligibility is based on having provided assistance to the United States Government.

  • Libya. No B-1, B-2, and B-1/B-2 visas. No immigrant or diversity visas.

  • Nigeria. No restrictions under PP 9645 or PP 9983. No immigrant or diversity visas, except for Special Immigrants whose eligibility is based on having provided assistance to the United States Government.

  • North Korea. No nonimmigrant visas. No immigrant or diversity visas.

  • Somalia. No restrictions under PP 9645 or PP 9983. No immigrant or diversity visas.

  • Sudan. No restrictions under PP 9645 or PP 9983. No diversity visas.

  • Syria. No nonimmigrant visas. No immigrant or diversity visas.

  • Tanzania. No restrictions under PP 9645 or PP 9983. No diversity visas.

  • Venezuela. No B-1, B-2 or B-1/B-2 visas of any kind for officials of the following government agencies Ministry of Interior, Justice, and Peace; the Administrative Service of Identification, Migration, and Immigration; the Corps of Scientific Investigations, Judicial and Criminal; the Bolivarian Intelligence Service; and the People’s Power Ministry of Foreign Affairs, and their immediate family members.No restrictions under PP 9645 or PP 9983.

  • Yemen. No B-1, B-2, and B-1/B-2 visas. No immigrant or diversity visas

* This list only reflects visa restrictions under Presidential Proclamations 9645 and 9983.  For information about any other possible restrictions and general information about U.S. visas, you should check the website of the U.S. Embassy in the country in which you are seeking to apply. In accordance with P.P. 9645 and P.P. 9983, a consular officer will determine whether an applicant who is subject to either of the Proclamations and otherwise eligible for a visa is excepted from the Proclamations or eligible for a waiver. There is no separate application for an exception or waiver.

No visas will be revoked pursuant to P.P. 9645 or P.P. 9983. Individuals subject to P.P. 9645 or P.P. 9983 who possess a valid visa or valid travel document generally will be permitted to travel to the United States, irrespective of when the visa was issued.


Reference:

Travel.State.Gov: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/presidential-proclamation-archive/presidential-proclamation9645.html?wcmmode=disabled

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