Business Immigration Insights

President Trump signed today the long-awaited revised travel ban Executive Order entitled, “Protecting The Nation From Foreign Terrorist Entry Into The United States”, effective 12:01 a.m, Eastern Standard Time on March 16, 2017.  The list of affected countries includes Sudan, Syria, Iran, Libya, Somalia, and Yemen; Iraq was removed from the list.  Key provisions are as follows:

1. Individuals traveling on passports from one of the designated countries who are outside of the United States and who did not have valid US visas in their passports as of 5 p.m. eastern standard time on January 27, 2017, and do not have still-valid visas as of the effective date of the Executive Order are suspended from entry into the United States until the ban ends (90 days).
2. No visas will be revoked solely based on the Executive Order; those with valid visas must still meet all eligibility requirements for admission into the United States.
3. Refugees (regardless of nationality) with travel plans already scheduled by the Department of State are permitted to travel to the United States and apply for admission.

Exceptions to the travel ban:

1. Individuals traveling on passports from one of the designated countries who are already lawfully present in the United States with multiple-entry visas may depart and return using such visas, but must still meet all eligibility requirements for admission into the United States; those in the United States who hold single-entry visas and depart will not be able to obtain new visas during the travel ban.
2. Dual nationals of a designated country who use the non-designated passport.
3. Lawful permanent residents (green card holders).
4. Those who have travel documents other than visas, that are valid on the effective date and that permit travel to the United States (such as an advance parole document).
5. Those who have diplomatic visas, NATO visas, C-2 visa for UN meetings , or G-1/G-2, G-3/G-4 visas
6. Those who are granted asylum; any refugee previously admitted to the United States; and any individual granted withholding of removal, advance parole, or protection under the Convention Against Torture.
7. Those who are granted waivers from the travel ban.

We expect challenges to the Executive Order and will provide updates.  Please check back frequently.