US Suspends Visas for Dominica and Antigua over CBI Program

The US President Donald Trump has signed Proclamation 10949, restricting the entry of foreign nationals into the United States from countries with deficient screening and vetting information to protect the national security and public safety of the United States and its people.  The proclamation also directed the United States Government to immediately engage countries identified in the proclamation on measures that must be taken to comply with the screening, vetting, immigration, and security requirements of the United States. 

The Proclamation has listed Dominica and Antigua & Barbuda two countries to partially restrict and limit the entry of nationals into United States.

These countries have offered Citizenship by Investment (CBI) without residency, which poses challenges for screening and vetting purposes.  As an example, a foreign national from a country that is subject to travel restrictions could purchase CBI from a second country that is not subject to travel restrictions, obtain a passport in the citizenship of that second country, and subsequently apply for a United States visa for travel to the United States, thus evading the travel restrictions on his or her first country. 

The United States law enforcement and the Department of State have found that, historically, CBI programs have been susceptible to several risks.  These risks include allowing an individual to conceal his or her identity and assets to circumvent travel restrictions or financial or banking restrictions.

Foreign nationals from the countries described above have also exploited the historic generosity of the United States and violated our Nation’s immigration laws by not adhering to the terms of their nonimmigrant or immigrant visas. 

The entry into the United States of nationals of the following countries is hereby suspended and limited, as follows, subject to the categorical exceptions and case-by-case waivers 

1. Dominica

(i)    Dominica has historically had CBI without residency.

(ii)   The entry into the United States of nationals of Dominica as immigrants, and as nonimmigrants on B‑1, B-2, B-1/B-2, F, M, and J visas, is hereby suspended.

(iii)  Consular officers shall reduce the validity for any other nonimmigrant visa issued to nationals of Dominica to the extent permitted by law.

2.  Antigua and Barbuda

(i)    Antigua and Barbuda has historically had CBI without residency.

(ii)   The entry into the United States of nationals of Antigua and Barbuda as immigrants, and as nonimmigrants on B-1, B-2, B-1/B-2, F, M, and J visas, is hereby suspended.

(iii)  Consular officers shall reduce the validity for any other nonimmigrant visa issued to nationals of Antigua and Barbuda to the extent permitted by law.

the suspensions of and limitations on entry pursuant to sections 2, 3, 4, and 5 of this proclamation shall apply only to foreign nationals of the designated countries who:

(i)   are outside the United States on the applicable effective date of this proclamation; and

(ii)  do not have a valid visa on the applicable effective date of this proclamation.

Exceptions

(b)  Exceptions.  The suspension of and limitation on entry pursuant to sections 2, 3, 4, and 5 of this proclamation shall not apply to:

(i)    any lawful permanent resident of the United States;

(ii)   any dual national of a country designated under sections 2, 3, 4, or 5 of this proclamation when the individual is traveling on a passport issued by a country not so designated;

(iii)  any foreign national traveling with a valid nonimmigrant visa in the following classifications:  A‑1, A-2, C-2, C-3, G-1, G-2, G-3, G-4, NATO-1, NATO‑2, NATO-3, NATO-4, NATO-5, or NATO-6;