Executive Order on Immigration

The University of California opposes limits on the free flow of students, faculty, scholars and researchers that are at the core of the University’s education, research, and public service missions.  As such, the Trump Administration’s executive orders are anathema to advancing knowledge and international cooperation.  The University of California remains deeply concerned that these executive orders will have a very serious effect on those who seek to study, train, research, and teach at UC and universities across the country, to the detriment of the UC community and the country as a whole.

Global Affairs, including SISS, and the UC Davis Campus, is committed to supporting and welcoming students and scholars regardless of citizenship or place of birth.

Updates

June 26, 2018
Statement from Global Affairs on the Recent Executive Order Decision

Dear students and scholars,

You have undoubtedly seen the news in the last few days regarding the June 26, 2018 decision of the Supreme Court of the United States to uphold Presidential Proclamation 9645, which was issued on September 24, 2017. The Presidential Proclamation 9645  provides country-specific entry restrictions for citizens of Iran, Libya, Syria, Yemen, North Korea, Venezuela, and Somalia.

We are very concerned about how this decision affects students and scholars in the UC Davis community and we are writing to remind you that we fully support all of our international students and scholars. While we all understand the importance of keeping the U.S. safe, we also believe that this executive order is not consistent with the values that we know are an integral part of the university, and the Davis community.

We are here to support our international community and our staff members are here to provide as much information and assistance as possible. You can contact Services for International Students and Scholars (SISS) if you have concerns or need assistance related to this executive order via email at siss@ucdavis.edu or find staff contact information on the SISS website.

To answer some questions you may have, we are including the following list of the most important points of Presidential Proclamation 9645. Please reach out if you have any further questions or concerns.

Sincerely,

Vice Provost and Associate Chancellor, Global Affairs
Joanna Regulska

Services for International Students and Scholars Director, Global Affairs
Wesley Young

Key Points of Presidential Proclamation 9645

Who is NOT directly affected by the Supreme Court decision and Presidential Proclamation 9645?

The Executive Order does not cancel currently valid visas, and does not apply to:

  • U.S. Lawful permanent residents (green card holders);
  • People admitted or paroled into the U.S. on or after the effective date of Presidential Proclamation 9645 (September 24, 2017);
  • People with a document other than a visa that allows them to travel to the U.S., if the document is dated on or after the effective date of the Proclamation;
  • Dual-nationals traveling on a passport from a non-designated country;
  • Foreign nationals traveling on a diplomatic visa, NATO visas, C-2/U.N. visas, or G-1, G-2, G-3, or G-4 visas;
  • People who have been granted asylum by the U.S.;
  • Refugees already admitted to the U.S.; or
  • Individuals granted withholding of removal, advance parole, or protection under the Convention against Torture.

This decision does not allow for an exception for “Bona Fide Relationships” (for example, close family ties such as a parent, spouse, child, sister, brother, or fiancé(e))

Citizens of the following countries are directly affected by the Supreme Court decision and Presidential Proclamation 9645

Iran

  • All immigrant and nonimmigrant visas are suspended for Iranian nationals except for those with F, J, or M visas.
  • Those with F, J, or M visas will most likely be subject to heightened screening.

Libya

  • Suspends the entry of immigrants and temporary visitors on business or tourist visas (B-1/B-2).

Somalia

  • All immigrant visas are suspended for Somali nationals.
  • Non-immigrant visas are permitted, subject to heightened screening.

Syria

  • All immigrant and nonimmigrant visas for Syrian nationals are suspended.

Yemen

  • Suspends the entry of immigrants and temporary visitors on business or tourist visas (B-1/B-2).

 North Korea

  • All immigrant and nonimmigrant visas are suspended for North Korean nationals

Venezuela

  • Visa issuance for officials of government agencies of Venezuela involved in screening and vetting procedures and their immediate family members, as nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas, is suspended. Additionally, nationals of Venezuela who are visa holders are subject to heightened screening.
  • Venezuelans traveling on diplomatic visas are not affected by this order.

Waivers Seeking an Exception

The Proclamation describes waivers that would allow the visa to be issued as long as:

  • Denying entry would cause the foreign national undue hardship;
  • Entry to the U.S. would not pose a threat to the national security or public safety of the United States; and
  • Entry would be in the national interest of the United States.

A consular officer or Customs and Border Protection (CBP) official may grant a waiver on a case-by-case-basis. The law also lists several examples where a waiver can be granted, such as needing urgent medical care, reuniting with immediate family members in the U.S., business ties, etc.

If you are interested in the waiver process, we recommend that you contact an immigration attorney. Please email Services for International Students and Scholars (SISS) at siss@ucdavis.edu for contact information.

How to Get Legal Help

Free legal advice is available from CAIR SF Bay Area (408-986-9874) or Advancing Justice-Asian Law Caucus (415-848-7711).

September 24, 2017

In the face of the latest Executive Order issued by President Trump on Sunday, September 24, that indefinitely bars almost all travel from eight countries, our response remains the same: Global Affairs and Services for International Students and Scholars (SISS) welcomes students and scholars from all parts of the world regardless of national origin.  We are proud that the UC Davis community includes people from over 100 countries.

The U.S. Department of State will determine which individuals will receive a U.S. Visa, and we cannot be certain to what extent this new Executive Order will affect our community.  However, you can be certain that Global Affairs, including SISS, is committed to supporting all of our international students and scholars.  You are welcomed at UC Davis.  We want you to be here.

More detailed information for each country can be found at the U.S. Department of State website: https://travel.state.gov/content/travel/en/news/important-announcement.html

SISS staff are here to assist you
  • If you are a new student, exchange visitor or employee from the list of eight countries, make sure you have your immigration paperwork in your carry-on and be prepared to answer questions by Customs and Border Protection officials about your relationship with UC Davis. If you have concerns, please contact SISS at http://siss.ucdavis.edu/about_us/staff.html.
  • If you are a current student, exchange visitor or employee from the list of eight countries, please contact your SISS advisor to discuss any questions you have regarding travel.
  • If you are inviting family members to Davis, please contact SISS.
June 26, 2017

On June 26, 2017 the Supreme Court announced that it will allow certain portions of the March 2017 Executive Order 90-day travel ban to be in effect. However, individuals from Iran, Libya, Somalia, Sudan, Syria, and Yemen who can show that they have a “credible claim of a bona fide relationship with a person or entity in the US” continue to be exempt from the ban.

UC Davis welcomes people of all backgrounds and nationalities, including those from the countries named in the Executive Order.  Global Affairs, including the staff at Services for International Students and Scholars (SISS), is committed to supporting all of our international students and scholars.

We cannot be certain how US government officials will interpret and implement the Supreme Court’s order. However, there is a strong argument that admitted students, invited scholars, and workers who accepted employment at UC Davis all have a "bona fide relationship" with UC Davis.

SISS staff are here to assist you

  • If you are a new student, exchange visitor or employee from the list of 6 countries, make sure you have your immigration paperwork in your carry-on and be prepared to answer questions by Customs and Border Protection officials about your relationship with UC Davis. If you have concerns, please contact SISS at http://siss.ucdavis.edu/about_us/staff.html.
  • If you are a current student, exchange visitor or employee from the list of 6 countries, please contact your SISS advisor to discuss any questions you have regarding travel.
  • If you are inviting family members to Davis, please contact SISS.

Please read the Updated guidance from the University of California Office of the President.  The University of California continues to welcome all international students and scholars.

March 20, 2017

Updated University of California Frequently Asked Questions for University Employees About Possible Federal Immigration Enforcement Actions on University Property  

March 15, 2017

Court orders from two U.S. District Courts in Hawaii and Maryland temporarily prevent the government from enforcing or implementing the 90-day travel ban and, based on the temporary restraining order issued by the U.S. District Court in Hawaii, the 120-day ban on U.S. refugee program of the March 6, 2017 Executive Order nationwide. The Executive Order was scheduled to go into effect on March 16, 2017. 

Executive Order from March 6, 2017

March 6, 2017

On March 6, 2017 President Donald Trump released a new Executive Order (EO) on Immigration, which revokes and replaces his earlier Executive Order from January 27, 2017. The new 90-day travel ban for citizens of Iran, Libya, Somalia, Sudan, Syria and Yemen will take effect on 12:01 am EST on Thursday, March 16, 2017.

Please see the latest information for the UC community at https://www.universityofcalifornia.edu/press-room/preliminary-guidance-revised-executive-order-restricting-travel-and-entry-united-states



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Please check our online EO Frequently Asked Questions (FAQ) below, or contact SISS if you have questions http://siss.ucdavis.edu/about_us/staff.html

Read all previous updates here.

We will provide updates that affect our international students and scholars as they become available on this webpage.

Thank you!

Recent Events

Messages

Frequently Asked Questions for Students & Scholars

Can I travel outside of the United States during the ban?

The new 90-day travel ban, which is effective March 16, 2017 applies to nationals of the 6 designated countries (Iran, Libya, Somalia, Sudan, Syria and Yemen) who are:

  • Outside the US on March 16, 2017
  • Did not have a valid immigrant or non-immigrant visa at 5pm EST on January 27, 2017; and
  • Do not have a valid visa on March 16, 2017

Individuals who are exempt from the new travel ban include:

  • Any US lawful permanent resident
  • Holders of a visa that is valid on the effective date of the Executive Order or any date thereafter which permits travel to the US.
  • Dual citizens of one of the 6 countries and the US (such individuals are always considered U.S. citizens)
  • Dual citizens of one of the 6 countries and another country not on the list of 6, who will enter the US on the basis of a valid passport issued by the country not on the list of 6

The new Executive Order includes information about waivers to the suspension of US entry to nationals from the list of 6 countries by US Custom and Border Protections (CBP) or consular officers on a case-by-case basis, requiring demonstration of “undue hardship” and determination that entry “would not pose a threat to national security and would be in the national interest.” Grounds for the waivers were listed in the Executive Order but it remains to be seen how officers will apply them on a discretionary basis.

Iraq has been removed from the list. However, Iraqi nationals’ applications for visa, admission or other immigration benefits will be subject to thorough review.

If you are not from one of the 6 affected countries and have a valid visa, travel should not be problematic but please remember, SISS is unable to guarantee U.S. admission to any individual, no matter what country they are from, as CBP officers will make their decision on policies/procedures and the sum of information that is presented to them. 

What about current status benefits like OPT, STEM OPT, CPT, and Academic Training for students from countries listed in the EO?
  • SISS has the authorization to approve or deny requests for CPT for F-1 students and Academic Training for J-1 students. SISS will review requests for CPT and Academic Training and will approve or deny (and request more information) based on the same academic and regulatory provisions we have used prior to the EO.
  • OPT and STEM OPT for F-1 students are adjudicated through USCIS after SISS makes a recommendation on the I-20. SISS will continue to make recommendations based on the same criteria used prior to the EO. A USCIS Memo from 2/2/17 provides guidance to officers to continue with the adjudication of petitions regardless of the individual’s country of nationality. At this time, it remains to be seen how cases will be adjudicated and if there’ll be consistency in approach.
What about status extensions of current UC Davis Students and Scholars from the countries list in the EO?
  • The F-1 and F-2 status may be extended by extending Form I-20, if otherwise eligible. The extension is also processed by SISS in SEVIS and does not require USCIS approval.
  • The J-1 and J-2 status may be extended by extending Form DS-2019, if otherwise eligible. The extension is also processed by SISS in SEVIS and does not require USCIS approval.
  • The H-1B status is extended through USCIS processing. We anticipate continued adjudication of petitions regardless of the individual’s country of nationality. However, at this time, it remains to be seen how cases will be adjudicated, if there’ll be consistency in approach and processing delays.
What about change of status applications of current UC Davis Students and Scholars from the countries list in the EO?

We anticipate that the adjudication of petitions regardless of the individual’s country of nationality also applies to change of status applications. Standard eligibility requirements still apply. At this time, it remains to be seen how cases will be adjudicated and if there’ll be consistency in approach. We will provide updates as the full impact of the new Executive Order becomes clear.

What about J-2 employment applications of dependents from the countries list in the EO?

We anticipate continuation of adjudication of petitions regardless of the individual’s country of nationality also applies to change of status applications. Standard eligibility requirements still apply. At this time, it remains to be seen how cases will be adjudicated and if there’ll be consistency in approach. We will provide updates as the full impact of the new Executive Order becomes clear.

Will there be changes to the H-1B program?

At this time, there is no information regarding any changes for any particular visa category/program. Current regulations remain in place. We are following developments closely and will keep you informed.

Where can I find support if I have questions about my immigration status?

A starting point is to speak to your SISS advisor. For complex legal assistance, you should consult with an immigration attorney. SISS maintains a list of immigration attorneys that we can provide to you, if needed.

Additional resource:

During a conversation with the Chancellor on the executive order on Feb. 2, a representative from CAIR California (Council on American-Islamic Relations) introduced herself to the audience and announced that CAIR provides free legal advice. Here is the contact information:

Danna Elneil
Operations Coordinator
delneil@cair.com805-657-3938

 The Sacramento Valley Chapter of CAIR is located at 717 K Street, Suite 217, Sacramento, CA 95814.  Tel: 916-441-6269

What are my rights and how can I protect myself?

The American Civil Liberties Union has a series of Know Your Rights resources available on topics of immigration status, being stopped by police, attending demonstrations/protests, and anti-Muslim discrimination. http://police.ucdavis.edu/victim-assistance/know_your_rights.html

How can I share the impact the EO has on me (and my family)?

You can talk to or e-mail an SISS advisor. We are collecting information to further advocacy efforts through NAFSA (Association of International Educators), AILA (American Immigration Lawyers Association) and Congressman Garamendi’s office.