Memo: A Snapshot of Visas and Waivers Over One Year of the Muslim Ban

Lack of information on the implementation of the Muslim Ban has served as one of the greatest impediments to challenging it. January 27, 2019 marked two years since the Muslim Ban first went into effect as Executive Order 13769. It was repackaged as Executive Order 13780, signed on March 6, 2017, and finally Presidential Proclamation 9645, issued on September 24, 2017. Last week, the State Department finally delivered statistics on the Muslim Ban to Senator Van Hollen thanks to his tireless efforts to seek answers. Below are some key findings based on the statistics released:

Iranians Only Granted Waivers in 1.6% of Cases

  • Between December 8, 2017 and October 31, 2018:
    • 19,163 Iranians rejected under ‘undue hardship’ or ‘national interest’ criteria.
    • 5,978 languished in administrative processing for the national security element of the waiver process.
    • Iranians represent 21,089 out of 31,304 total nonimmigrant visas and 8,545 out of 17,352 total immigrant visas subject to ban during this period.
    • Of those rejected for a waiver for failure to prove undue hardship or national interest criteria, Iranians represent 77% of rejections. 19,163 out of 24,584 total.
    • Only 413 met the conditions for a waiver. This is an abysmally low 1.6%.
    • In other words, for every one Iranian who qualified for a waiver, 46 were rejected.
    • Not all of those who qualified for a waiver received a visa. For every 71 applicants, only 1 Iranian was issued a visa.

Iranian Students Exempted But Still Impacted

  • All Iranian immigrant visa applicants were subject to the ban, however it makes an exception for Iranian nationals under valid student (F and M) and exchange visitor (J) visas. Out of 25,752 Iranian nonimmigrant visa applicants, 21,089 were subject to the Muslim Ban and 4,663 were exempted under F, M, and J visas.
  • However, State Department statistics that are released monthly show that only 2,160 F, M, and J visas were actually issued during this period. Numerous students who previously received visas were unable to renew them and complete their studies. For some perspective, in 2015, there were 4,944 F, M, and J visas issued to Iranian nationals according to the State Department’s annual statistics. This is an approximately 56% drop.

Numbers Reveal that the Ban is Still a Muslim Ban Despite the Addition of Venezuela and North Korea

  • Venezuela was added to Proclamation 9645 (Muslim Ban 3.0) in an embarrassingly transparent effort by the Trump administration to distract from the Islamophobic nature of the ban. However, the Venezuelan ban only applies to B-1/B-2 visas and only to officials of select government agencies such as the Bolivarian National Intelligence Service. Thus the addition of Venezuela was meaningless and the newly released numbers reflect as much:
    • Out of 3,093 Venezuelan immigrant visa applicants and 87,573 nonimmigrant visa applicants not a single one was subject to the ban.
  • Visas are suspended for all North Korean nationals but due to the nature of U.S.-North Korean relations this has only impacted 62 visa applicants compared to tens of thousands from other countries.

MEDIA AVAILABILITY: Experts Available to Discuss Trump Waiver Decision

FOR IMMEDIATE RELEASE
Contact: Trita Parsi, President – 202.386.2303, tparsi@niacouncil.org
Reza Marashi, Research Director – 202.379.1639, rmarashi@niacouncil.org
Jamal Abdi, Vice President for Policy– 202.386.6408, jabdi@niacouncil.org

Washington, D.C. – Experts from the National Iranian American Council (NIAC) will be available to media to offer analysis of President Trump’s decision whether or not to waive sanctions necessary under the Iran nuclear deal also known as the JCPOA. President Trump tweeted that he will announce his decision at 2 PM EST on May 8.

NIAC analysts available in Washington, DC:

Trita Parsi, is the author of the 2017 book Losing an Enemy: Obama, Iran, and the Triumph of Diplomacy. He is the 2010 recipient of the Grawemeyer Award for Ideas Improving World Order. He is the founder and president of the National Iranian American Council and an expert on civil rights and US-Iranian relations. He is also the author of Treacherous Alliance: The Secret Dealings of Iran, Israel and the United States (Yale University Press 2007) and A Single Roll of the Dice – Obama’s Diplomacy with Iran (Yale University Press 2012). Parsi’s articles have been published in the Wall Street Journal, New York Times, Los Angeles Times, Financial Times, Jane’s Intelligence Review, the Nation,The American Conservative, the Jerusalem Post, The Forward, and others. He is a frequent guest on CNN, PBS’s Newshour with Jim Lehrer, NPR, the BBC, and Al Jazeera. Follow Trita on Twitter: @tparsi

Reza Marshi joined NIAC in 2010 as the organization’s first Research Director. He came to NIAC after four years in the Office of Iranian Affairs at the U.S. Department of State. Prior to his tenure at the State Department, he was an analyst at the Institute for National Strategic Studies (INSS) covering China-Middle East issues, and a Tehran-based private strategic consultant on Iranian political and economic risk. Marashi is frequently consulted by Western governments on Iran-related matters. His articles have appeared in The New York Times, Foreign Affairs, Foreign Policy, and The Atlantic, among other publications. He has been a guest contributor to CNN, NPR, the BBC, TIME Magazine, The Washington Post, and the Financial Times, among other broadcast outlets.

Jamal Abdi is the Vice President for Policy for the National Iranian American Council (NIAC) and the Executive Director of NIAC Action. He leads NIAC’s advocacy and education on civil rights and immigration issues, as well as diplomacy with Iran. He formerly served as Policy Advisor on foreign affairs, immigration, and defense issues in the U.S. Congress. Abdi has written for The New York Times, CNN, Foreign Policy, and blogs at The Huffington Post.  He is a frequent guest contributor in print, radio, and television, including appearances on Al Jazeera, NPR, and BBC News. Follow Jamal on Twitter: @jabdi

Recent NIAC publications and media appearances:

Critics: Nothing new in Netanyahu’s Iran case, CNN (Interview), May 1, 2018

Trump’s Ineptitude on Iran, The Cairo Review, May 7, 2018

Blame Trump When Iran Races for the Bomb, Foreign Policy, Mar. 29, 2018

About NIAC

The National Iranian American Council (NIAC) is a 501(c)(3) nonpartisan, nonprofit organization dedicated to advancing the interests of the Iranian-American community. NIAC’s mission is focused on promoting an active and engaged Iranian-American community, supporting aspirations for human rights and democracy in Iran, opposing war between the US and Iran, and celebrating our community’s deep cultural heritage. NIAC accomplishes its mission by supplying the resources, knowledge and tools to enable greater civic participation by Iranian Americans and informed decision-making by policymakers.

For more information, please visit www.niacouncil.org.