Unlike the groundhog, the Trump Administration has not spent January sleeping.  It issued several consequential announcements in the last week of January, getting a jump on Punxsutawney Phil.

These include: expanding the “travel ban” to more countries for certain persons, implementation of the “public charge” rule after the U.S. Supreme Court allowed this to go forward, issuing a new I-9 form, and suspending entry of foreign nationals who have visited China 14 days preceding their entry, which is the focus of this article. The others will be covered in subsequent posts this week.

Coronavirus Travel Ban

A presidential proclamation suspends entry of certain foreign nationals who were in China during the 14-day period preceding their attempted entry.

In other words, if you are not a U.S. citizen, were in China, Hong Kong, or Macau in the 14 days before your planned entry, and do not qualify for one of the exceptions stated in the Proclamation, you cannot enter the United States.

The following groups are excluded from the entry ban:

• Lawful permanent residents of the United States

• Spouses of a U.S. citizen or lawful permanent resident

• Parents or legal guardians of a U.S. citizen or lawful permanent resident, provided that the U.S. citizen or lawful permanent resident is unmarried and under the age of 21

• Siblings of a U.S. citizen or lawful permanent resident, provided that both are unmarried and under the age of 21

• Children, foster children, or wards of a U.S. citizen or lawful permanent resident, or those who are prospective adoptees seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications

• Those traveling at the invitation of the United States Government for a purpose related to containment or mitigation of the virus

• Those traveling as a nonimmigrant under section 101(a)(15)(C) or (D) of the INA, 8 U.S.C. 1101(a)(15)(C) or (D), as a crewmember or any alien otherwise traveling to the United States as air or sea crew

• Those seeking entry into or transiting the United States pursuant to an A-1, A-2, C-2, C-3 (as a foreign government official or immediate family member of an official), G-1, G-2, G-3, G-4, NATO-1 through NATO-4, or NATO-6 visa

• Those whose entry would not pose a significant risk of introducing, transmitting, or spreading the virus, as determined by the CDC Director, or his designee

• Those whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees based on a recommendation of the Attorney General or his designee

• Those whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designees

Additionally, the entry suspension does not affect any person’s eligibility for asylum or relief related to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

The suspension of entry became effective on February 2, 2020, at 5:00 PM Eastern Standard Time.

In related news, the U.S. Consulate in Guangzhou has canceled immigrant visa appointments during the week of February 3, 2020.  It is unclear when these services will resume or if other consulates in China will follow suit.

Certain U.S. citizens returning from China will be subject to mandatory quarantine or health screenings as well.

Foreign nationals returning to the United States after spending time in China should plan for delays and consult their immigration attorney.

Employers with foreign nationals returning to the U.S. after having spent time in China should also speak with their attorney. Coronavirus and resulting quarantines are impacting employers.