2021 Travel Guidance

Visa Processing. In March 2020, the Department of State suspended regular visa processing at U.S. Consulates worldwide. In July 2020, the Department of State announced a phased resumption of routine visa services. The December 30, 2020 announcement indicates that the resumption of routine visa services will occur on a post-by-post basis, based on local conditions. As post-specific conditions improve, U.S. Consulates will begin providing additional services, culminating eventually in a complete resumption of routine visa services. The Department of State did not provide a specific date for when each post will resume specific visa services, or when each post will return to processing at pre-pandemic workload levels. We suggest reviewing your U.S. Consulate's website for information regarding operating status and which services it is currently offering. The stated priority is as follows:

https://travel.state.gov/content/travel/en/News/visas-news/phased-resumption-routine-visa-services.html

• U.S. citizen services
• Emergency and mission-critical visa services, including nonimmigrant travelers with urgent needs such as people coming to assist with the U.S. response to the pandemic, followed by F-1 and J-1 students and temporary employment visas (H-1B visas with National Interest Exemptions, consistent with Presidential Proclamation 10052).

On July 27, 2020, the U.S. Consulate in Chengdu was officially closed.

In-Person Interview Waiver. Effective December 29, 2020, visa applicants who apply for a new visa in the same visa classification as a previously issued visa, may have their in-person interview requirement waived if their prior nonimmigrant visa expired within 24 months of the application. This policy will expire on March 31, 2021.

Travel Bans. Presidential Proclamations have suspended entry into the United States by foreign nationals who have been in the following countries within 14 days of seeking admission into the United States. These Proclamations are applicable based on the country of presence prior to applying for admission to the United States, not an individual's country of citizenship.

• European Schengen Countries (Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland), Proclamation 9993 of March 11, 2020
• United Kingdom and Ireland, effective Proclamation 9996 of March 14, 2020

On January 25, 2021, President Biden issued a Presidential Proclamation to reinstate and extend Proclamations 9993 and 9996.

February 10, 2021 Exemption Updates to Proclamations 9993 (Schengen Area) and 9996 (United Kingdom and Ireland):

• F-1 students with valid visas qualify automatically for a National Interest Exemption (NIE). F-1 students and their F-2 dependents are able to travel from directly from European Schengen countries, United Kingdom, and Ireland to the United States, without additional approval from a U.S. Consulate.
• F-1 students who apply for new F-1 visas will automatically be considered for a National Interest Exemption (NIE).
• J-1 students, as well as "business travelers and academics" with valid visas that were issued prior to the March 2020 Proclamations need to contact a U.S. Consulate to initiate a National Interest Exemption (NIE) under Proclamations 9993 (Schengen Area) and 9996 (United Kingdom and Ireland) in order to travel directly from European Schengen countries, United Kingdom, and Ireland to the United States. We believe this includes J-1 research scholars, short term scholars, and professors; as well as H-1B and O-1 nonimmigrants. It is unclear how this applies to dependents.
• J, H, and O visas issued with a National Interest Exemption (NIE) under Proclamations 9993 (Schengen Area) and 9996 (United Kingdom and Ireland) may include a restriction to use that visa for entry to the United States within 30 days of the visa interview. Review the information provided by your U.S. Consulate regarding re-authorization if you are unable to enter the United States within that time frame.
• J, H, and O visas issued with a National Interest Exemption (NIE) under Proclamations 9993 (Schengen Area) and 9996 (United Kingdom and Ireland) may require NIE re-authorization for subsequent travel directly from European Schengen countries, United Kingdom, and Ireland to the United States. Review your U.S. Consulate's website.

This document provides an analysis of the applicability of the National Interest Exemption, based on nonimmigrant status and location.

Travel Bans. Presidential Proclamations have suspended entry into the United States by foreign nationals who have been in the following countries within 14 days of seeking admission into the United States. These Proclamations are applicable based on the country of presence prior to applying for admission to the United States, not an individual's country of citizenship.

• China, Proclamation 9984 of January 31, 2020
• Iran, Proclamation 9992 of February 29, 2020
• Brazil,Proclamation 10041 of May 24, 2020
• South Africa Proclamation of January 25, 2021 (effective January 30, 2021)

Exemptions. The Proclamations contain exemptions, for example:

• foreign nationals who have U.S. citizen or U.S. permanent resident immediate family members
• foreign nationals traveling at the invitation of the United States Government for a purpose related to containment or mitigation of the virus
• foreign nationals whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designees

This document provides an analysis of the applicability of the National Interest Exemption, based on nonimmigrant status and location.

If you believe that you would qualify for an exemption, we suggest that you consult with an immigration attorney since visa applications and admission into the United States are personal applications and are beyond the scope of the International Offices.

Suspension of Entry. The Suspension of Entry as Nonimmigrants of Certain Students and Researchers from the People's Republic of China (PRC). Proclamation 10043 of May 29, 2020. This suspends the entry to the United States of F and J graduate students and researchers from the PRC whose study or research contributes to the PRC's "military‑civil fusion strategy." "Military-civil fusion strategy" is described in the Proclamation as "actions by or at the behest of the PRC to acquire and divert foreign technologies, specifically critical and emerging technologies, to incorporate into and advance the PRC's military capabilities." This Proclamation is based on an individual's country of citizenship (China). It does not apply to undergraduates.

Exemptions. The Proclamation contains exemptions, for example:

• foreign nationals who have a U.S. citizen or U.S. permanent resident spouse
• foreign nationals who are studying or conducting research in a field that would not contribute to the PRC's military‑civil fusion strategy
• foreign nationals whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designees

If you believe that you would qualify for an exemption, we suggest that you consult with an immigration attorney since visa applications and admission into the United States are personal applications and are beyond the scope of the International Offices.

Effective February 24, 2021, A Proclamation on Revoking Proclamation 10014 has revoked Proclamations 10052, 10014, and 10131 referenced below. The restrictions are no longer in effect.

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Suspension of Entry. Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak. Proclamation 10052 of June 22, 2020. The Proclamation suspends entry into the United States of any foreign national in H-1B, H-2B, H-4, J (non-academic categories), and L nonimmigrant classifications and extended Proclamation 10014 of April 22, 2020 until December 31, 2020.

On December 31, 2020, both Proclamations 10052 and 10014 were extended until March 31, 2021.

Application. The Proclamation only applies to:

• foreign nationals outside the United States without a valid visa on June 24, 2020
  • The Department of State has indicated that they will not be issuing visas in the nonimmigrant classifications listed above to foreign nationals who depart the United States after June 24, 2020, unless an exemption applies.

The Proclamation does not apply to:

• nonimmigrant visa applications for B, J (research scholar, professor, student categories), E, O, H-1B1, TN
• petitions or applications to change or extend status inside the United States, including changing employers
• applications for F-1 OPT, STEM OPT, or J academic training
• foreign nationals with valid visas
• Canadians in H-1B and TN status, since Canadians do not require visas

Exemptions. The Proclamation contains exemptions, for example:

• foreign nationals who have a U.S. citizen spouse or parent
• Spouses or children of certain foreign nationals, such as H-1B holders, who were not subject to or who were exempt from the Proclamation (added July 16, 2020)
• foreign nationals whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designees
  • National interest may include the defense, law enforcement, diplomacy, or national security of the United States; medical research at United States facilities to help the United States combat COVID-19; or facilitating the immediate and continued economic recovery of the United States.

National interest exemption (NIE) examples related H-1B visa issuance:

• For travel as a ... researcher to alleviate the effects of the COVID-19 pandemic, or to conduct ongoing medical research in an area with a substantial public health benefit (e.g. cancer or communicable disease research) (added July 17, 2020).
• This includes those traveling to alleviate effects of the COVID-19 pandemic that may be a secondary effect of the pandemic (e.g., travel by a ... researcher in an area of public health or healthcare that is not directly related to COVID-19, but which has been adversely impacted by the COVID-19 pandemic) (added July 17, 2020).
• Travel supported by a request from a U.S. government agency or entity to meet critical U.S. foreign policy objectives or to satisfy treaty or contractual obligations. This would include individuals, identified by the Department of Defense or another U.S. government agency, performing research, providing IT support/services, or engaging other similar projects essential to a U.S. government agency (added July 17, 2020).
• For travel to resume ongoing employment in the United States in the same position with the same employer and visa classification.  Based on Form I-129 Part II, Question 2: the applicant is continuing in "previously approved employment without change with the same employer." (added August 12, 2020).
• For travel that is necessary to facilitate the immediate and continued economic recovery of the United States (added August 12, 2020). At least two of the following five indicators must be present:
  • Labor Condition Application (LCA) approved by the Department of Labor during or after July 2020, unless the applicant is currently performing or is able to perform the essential functions of the position for the prospective employer remotely from outside the United States.
  • Providing significant and unique contributions to an employer meeting a critical infrastructure need. Critical infrastructure sectors are chemical, communications, dams, defense industrial base, emergency services, energy, financial services, food and agriculture, government facilities, healthcare and public health, information technology, nuclear reactors, transportation, and water systems. Requires senior level placement, job duties that are unique and vital to the management and success of the overall business enterprise, or job duties and qualifications that will provide significant and unique contributions to the petitioning company.
  • Wage exceeds the prevailing wage rate by at least 15 percent. Based on LCA Part F, Questions 10 and 11.
  • Employee's education, training and/or experience demonstrate unusual expertise in the specialty occupation, as to make it more likely that he or she will perform critically important work for the petitioning employer.
  • Denial of the visa pursuant to Proclamation 10052 of June 22, 2020 will cause financial hardship to the U.S. employer, such as the employer's inability to meet financial or contractual obligations.    

This document provides an analysis of the applicability of the National Interest Exemption, based on nonimmigrant status and location.

If you believe that you would qualify for an exemption, we suggest that you consult with an immigration attorney since visa applications and admission into the United States are personal applications and are beyond the scope of the International Offices.

October 1, 2020, the U.S. District Court for the Northern District of California temporarily enjoined (stopped) the enforcement of Proclamation 10052 against the Plaintiffs (National Association of Manufacturers, Chamber of Commerce of the United States of America, National Retail Federation, Technet, and Intrax, Inc.) The Proclamation 10052 remains in effect for all others.

Questions and Answers. Two events were held to address community concerns raised by this Presidential Proclamation. You can review the questions submitted during the events and subsequent answers, below:

• Presidential Proclamation 10014 - Addressing Concerns of the Caltech International Community, hosted by the International Offices.
• Update on the June 22, 2020 Presidential Proclamation concerning temporary work visas, hosted by the JPL Postdoc Office

U.S. Borders with Canada and Mexico. U.S.-Canada Border Federal Register Notice on March 24, 2020 and U.S.-Mexico Border Federal Register Notice on March 24, 2020 limits entry to the United States through land ports of entry along the U.S.-Canada and U.S.-Mexico borders for "essential travel" only. It does not apply to air or sea travel between the United States and Canada/Mexico. See the most recent Federal Register notices which extended the limitations for U.S.- Canada and U.S.- Mexico for more detail. These Federal Register notices are currently in effect until March 21, 2021.

Examples of essential travel for foreign nationals include:

• Individuals traveling to attend educational institutions
• Individuals traveling to work in the United States (e.g., in the farming or agriculture industry). It is unclear whether this applies to individuals who are employed at educational institutions.

Centers for Disease Control and Prevention (CDC) order on May 26, 2020  suspends entry of people traveling from Canada or Mexico, regardless of citizenship into a congregate setting in a land port of entry or Border Patrol station. Foreign nationals who "hold valid travel documents" are exempt.

The SEVP Guidance issued for Fall 2020 remains in effect until retracted or updated by the Department of Homeland Security. International students with an Initial SEVIS record are eligible to apply for visas; however, they may only enter the United States to attend an instructional program with an in-person component. For Winter 2021, only Caltech graduate programs have an in-person component and only graduate students with Initial SEVIS records who are confirmed as registered for in-person courses may enter the United States.

• International Student FAQs provides further Caltech details.
• Frequently Asked Questions for SEVP Stakeholders about COVID-19
• SEVP Online Course Guidance for F and M Students for Fall 2020

Hong Kong Normalization Executive Order 13936 of July 14, 2020 declares that the Special Administrative Region of Hong Kong is no longer sufficiently autonomous to justify differential treatment in relation to the People's Republic of China. This may possibly impact travel and immigration by:

• changing visa validity periods for H visas
• subjecting J exchange visitors to the two year home residence requirement
• ending eligibility for the Diversity Visa lottery
• creating longer wait times for many immigrant visa categories

We expect that more detail about this will be forthcoming.

Commercial Flights. The logistics of international travel are complicated. Travelers may experience limited commercial flight capacity and international flights may be canceled. For example, as of June 5, 2020, Chinese and U.S. airlines are able to only operate a total of four weekly round-trip passenger flights between the United States and China.

Effective September 15, 2020, the Department of Homeland Security will lift a restriction which had limited only 15 airports to accept flights carrying people who had recently traveled from, or were otherwise present within Brazil, China, Iran; European Schengen countries, Ireland and the United Kingdom. Travelers will be allowed to arrive at any U.S. airport.

Effective January 26, 2021, the U.S. Centers for Disease Control and Prevention (CDC) Order requires all airline passengers traveling into the United States to provide a negative pre-departure COVID-19 test or documentation of recovery from COVID-19. You can find more information on the CDC website and by contacting your airline carrier prior to departure.

The Caltech Travel Guidance and Travel FAQs provide additional travel and self-quarantine information.

Employment While Abroad. Out-of-country remote work is rarely possible. If you are a current Caltech postdoc or staff member, contact Employee and Organizational Development (EOD) prior to making any plans for departure. EOD will evaluate your situation and provide guidance. If you are a current JPL postdoc or staff member, contact your organization's HR business partner (HRBP) (internal site). Caltech and JPL postdocs and staff members will not be able to start new employment while outside the United States. Professorial faculty members should contact International Scholar Services prior to making any plans to work abroad.

Departure from the United States. If your Caltech affiliation (student graduation, postdoc appointment, staff assignment) is due to end and you cannot make a timely departure from the United States due to another country's travel restrictions or the unavailability of commercial flights, we suggest that you consult with an immigration attorney since maintaining your nonimmigrant status after the end of your Caltech affiliation is your personal responsibility. The Department of State has provided guidance for J exchange visitors to contact their home country Embassies and to keep records of travel bookings.