As noted in a previous blog, on September 24, 2017, President Trump issued a Presidential Proclamation, placing certain visa/travel restrictions on nationals of eight identified countries, subject to various exclusions for certain individuals, including current lawful permanent residents (i.e., green card holders). As noted in a subsequent blog, on October 17, 2017, federal district courts in Maryland and Hawaii issued preliminary injunctions prohibiting implementation of key aspects of the Proclamation. Those orders were then appealed to the 4th and 9th Circuits, respectively. These appeals remain pending. On December 4, 2017, the U.S. Supreme Court issued orders staying the Hawaii and Maryland courts”™ preliminary injunctions prohibiting enforcement of the Proclamation pending disposition of the appeals to the 4th and 9th Circuits and any subsequent petitions for a writ of certiorari to the Supreme Court. Thus, at this time and until an order stating otherwise is issued, the Trump Administration may immediately enforce the travel restrictions detailed in the Proclamation.
As a reminder, 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). 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.
Additional information on the travel restrictions and the exclusions and possible waivers can be found in our previous blog, available here. We will continue to monitor implementation of this Proclamation and the related appeals and will provide additional information when available. However, at this time, we encourage nationals of the above listed countries to carefully consider whether the travel ban applies to them before traveling abroad.
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.
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.