By Turid Owren, Alan Perkins, and Melany Savitt
The Trump Administration issued a new Executive Order (EO) on March 6, revoking the January 27 Executive Order banning U.S. entry of nationals from seven countries (see prior news alert here).
The new EO becomes effective March 16 and imposes a "temporary pause" for at least 90 days on visa issuance and other immigration benefits for individuals from the following six countries: Iran, Libya, Somalia, Sudan, Syria, and Yemen. Iraqi citizens are not included in the temporary travel ban under the new EO.
Foreign nationals from one of the six designated countries who are outside the United States:
- without a valid visa on March 16, may not seek U.S. entry
- with a valid visa and appropriate documentation of status, may seek U.S. entry
The new EO does not apply to individuals in the following circumstances even if the traveler is from one of the six countries:
- U.S. Green Card holders
- holders of a valid visa, advance parole document, or other approved travel document, even those with approved travel documents that would have been provisionally revoked under the prior EO
- note that anyone with a visa specifically marked revoked/cancelled solely on the basis of the prior executive order is entitled to a travel document confirming permission to seek U.S. entry
- dual citizens of one of the six designated countries, traveling under a passport from a non-designated country
Individuals affected by this temporary prohibition on U.S. entry may apply to the Department of State for a waiver, in conjunction with a visa application, by demonstrating that: 1) his/her entry into the U.S. is in the national interest, 2) s/he does not pose a threat to national security, and 3) denying entry would cause undue hardship.
Please visit the Department of Homeland Security FAQ for further details covering the new EO.
Challenges by several states (Hawaii, California, Maryland, Massachusetts, Minnesota, New York, Oregon, and Washington) to halt the new EO are already underway.
Tonkon Torp will continue to provide updates on new Executive Orders, regulations, and changes in law and policy that affect business immigration.
This client alert is prepared for the general information of our clients and friends. It should not be regarded as legal advice. If you have any questions regarding this update, or for more information about this topic, please contact any of the attorneys in our Business Immigration practice group, or the attorney with whom you normally consult.
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