Travel Ban 3.0

Sep 26, 2017

On September 24, 2017, President Trump issued a Presidential Proclamation, titled “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or Other Public-Safety Threats.” The Proclamation summarizes the world-wide review of information-sharing practices and identity-management protocols of foreign governments conducted by the Secretary of Homeland Security pursuant to section 2 of Executive Order 13780 (Travel Ban 2.0). In reliance on the results of this world-wide review, the Proclamation identifies eight countries whose citizens will be subjected to various visa/travel restrictions, subject to various exclusions for certain individuals, including current lawful permanent residents (i.e., green card holders), as detailed further herein. Five of the countries designated in the Proclamation were included in the President’s initial Travel Bans (Iran, Libya, Somalia, Syria, and Yemen), and three new countries have been added (Chad, North Korea, and Venezuela). The specific restrictions applicable to each country follow:

Chad ““ For nationals of Chad, the Proclamation indefinitely suspends entry into the United States of immigrants (i.e, individuals seeking permanent residence in the U.S.) and B-1 (business)/B-2 (tourist) nonimmigrant visa holders. Other nonimmigrant visa categories, like temporary specialty occupation workers (H 1Bs), intracompany transferees (L-1s), international students (F 1s, J 1s, and M-1s), and their dependents, are not affected.
Iran ““ For nationals of Iran, the Proclamation indefinitely suspends entry into the United States of all immigrants (i.e, individuals seeking permanent residence in the U.S.) and nonimmigrants, except for international students and their dependents. Accordingly, international students on F-1s, J-1s, and M-1s from Iran and their accompanying family members may still be admitted to the United States. These individuals will, however, be subject to enhanced screening and vetting requirements.
Libya ““ For nationals of Libya, the Proclamation indefinitely suspends entry into the United States of immigrants (i.e, individuals seeking permanent residence in the U.S.) and B-1 (business)/B-2 (tourist) nonimmigrant visa holders. Other nonimmigrant visa categories, like temporary specialty occupation workers (H 1Bs), intracompany transferees (L-1s), international students (F 1s, J-1s, and M-1s), and their dependents, are not affected.
North Korea ““ For nationals of North Korea, the Proclamation indefinitely suspends entry into the United States of all immigrants (i.e, individuals seeking permanent residence in the U.S.) and nonimmigrants.
Somalia ““ For nationals of Somalia, the Proclamation indefinitely suspends entry into the United States of immigrants (i.e, individuals seeking permanent residence in the U.S.). The Proclamation does not suspend the entry of nationals of Somalia as nonimmigrants (e.g., temporary visitors (B 1s/B-2s), temporary specialty occupation workers (H 1Bs), intracompany transferees (L-1s), and international students (F-1s, J-1s, and M-1s). However, these individuals will be subject to enhanced screening and vetting requirements.
Syria ““ For nationals of Syria, the Proclamation indefinitely suspends entry into the United States of all immigrants (i.e, individuals seeking permanent residence in the U.S.) and nonimmigrants.
Venezuela ““ The travel and visa restrictions for Venezuela only apply to government officials and their immediate family members seeking entry into the United States on B-1 (business)/B-2 (tourist) nonimmigrant visas. Nationals of Venezuela who are not government officials are not affected by the Proclamation.
Yemen ““ For nationals of Yemen, the Proclamation indefinitely suspends entry into the United States of immigrants (i.e, individuals seeking permanent residence in the U.S.) and B-1 (business)/B-2 (tourist) nonimmigrant visa holders. Other nonimmigrant visa categories, like temporary specialty occupation workers (H 1Bs), intracompany transferees (L-1s), international students (F 1s, J 1s, and M-1s), and their dependents, are not affected.

The above restrictions only apply to foreign nationals of the designated countries who are outside the United States on the applicable effective date of the Proclamation, as described below. In addition, the Proclamation does not apply to foreign nationals from the designated countries who have a valid visa on the applicable effective date. The restrictions also do not apply to the following individuals:

Lawful permanent residents (i.e., individuals who have already been approved for permanent residence and received their green cards);
Foreign nationals who are admitted to or paroled into the United States on or after the applicable effective date of the Proclamation, as described below;
Foreign nationals with a transportation letter, boarding foil, or advance parole document valid on the applicable effective date of the Proclamation, as described below;
Dual nationals of a designated country if traveling on a passport issued by a non designated country;
Foreign nationals traveling on diplomatic visas;
Foreign nationals who have been granted asylum, refugees who have already been admitted to the United States, or individuals granted withholding of removal, advance parole, or protection under the Convention Against Torture.

In addition to the above exclusions, the Proclamation also allows for a waiver of the travel restrictions. The Proclamation directs the Secretary of State and the Secretary of Homeland Security to coordinate to adopt guidance addressing when waivers may be appropriate, but specifies that the determination must be made on a case-by-case basis and only if the following criteria are satisfied:

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

For individuals who were subject to the President’s previous Travel Ban and who lack a credible claim of a bona fide relationship with a person or entity in the United States, the above restrictions are effective as of September 24, 2017. For all others, the above restrictions are effective at 12:01 a.m. eastern time on October 18, 2017.

Additional information can be found in the Fact Sheet and FAQ available on the White House website. Further guidance from the Department of Homeland Security and the Department of State is expected. We will continue to monitor implementation of this Proclamation and will provide additional information when available.

Immigration – The firm represent businesses, institutions of higher learning, and individuals with respect to immigration-related matters, including obtaining visitor visas, temporary and permanent work visas, consular processing of visas, obtaining citizenship, advising employers on employment sanctions issues, and defending employers faced with INS I-9 audits and investigations.

Melanie Gurley Keeney, a founding Shareholder of Tueth, Keeney, Cooper, Mohan & Jackstadt, P.C. , practices in the areas of Employment, Immigration, and Education law. Melanie represents institutions of higher education, corporations and individuals in immigration law matters, including obtaining nonimmigrant and immigrant visas and handling employer sanctions issues, I-9 compliance, E-Verify issues, consular processing and naturalization. She frequently speaks on immigration, labor and education issues. Her experience in education law includes representing numerous Missouri school districts and institutions of higher education regarding a wide range of personnel and student matters. Melanie also specializes in First Amendment issues, ranging from free speech to religion in the schools, and she regularly advises school districts on these issues. She is also a popular speaker on the local and national level. Melanie has extensive experience litigating both federal and state cases. Melanie is a past board member of the National School Board Association’s Council of School Attorneys and is past Chairman of the Missouri Council of School Attorneys.

Melanie has been listed in St. Louis Magazine’s “St. Louis Best Lawyers” and “The Best Lawyers in America,” from 1997-present, and in “Missouri & Kansas Super Lawyers,” 2005-present editions as a top lawyer and one of the top 50 female lawyers in Missouri and Kansas and in Kansas City Magazine as one of the “Top Missouri Lawyers.” Best Lawyers has named Melanie Gurley Keeney as the “St. Louis Best Lawyers Immigration Law Lawyer of the Year” for 2012 and 2015, and she has been selected for inclusion in the Martindale-Hubbell ® 2012 Bar Register of Preeminent Women Lawyers™. In 2014, Washington University School of Law presented Melanie with the International Women’s Day Award for Employment Law.

Mollie E. Hennessee practices primarily in the areas of school, higher education, labor and employment, and immigration law. She represents school districts throughout Missouri with respect to employment and termination matters, student discipline and student rights, and civil rights. Mollie also represents colleges and universities and private employers in employment and immigration matters. Prior to joining the Firm, Mollie worked for the Department of Homeland Security’s Immigration and Customs Enforcement as an Assistant Chief Counsel, representing the federal government in deportation proceedings. While in law school, Mollie served as an intern for the Honorable Catherine D. Perry of the United States District Court in Eastern Missouri.