Proposed Executive Order on Travel/Refugee Ban

The Trump administration is expected to issue an Executive Order calling for the suspension of visas and immigration benefits for nationals of seven (7) predominantly Muslim countries, as well as the suspension of the U.S. refugee program. Potential actions may include:

Suspending entry to the U.S. by certain nationals of Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen for at least 90 days:

• This includes dual nationals, U.S. lawful permanent residents (green card holders), intending immigrants, and non-immigrants (visa holders)
• The proposed ban is not expected to impact U.S. citizens with dual nationality in one of the above countries

Suspension of visas and immigration benefits for all nationals of Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen for 90 days:

• This includes dual nationals, U.S. lawful permanent residents (green card holders), intending immigrants, and non-immigrants (visa holders)

Suspension of the U.S. refugee program for 120 days

• This period is intended to determine which nationalities pose the least risk (with exceptions to be granted for religious minorities in those nations)
• Full suspension of the Syrian refugee admittance indefinitely

Suspension of the Visa Interview Waiver Program:

• This may eliminate visa renewal “drop box” procedures
• This may require all applicants, including children under 14 and adults over 79, to apply for visas in person

Implementation of additional screening standards for U.S. entry, visa issuance, and immigration benefits:

• It is unclear as to how and by what process these standards will be implemented
• Questions regarding an individual’s likelihood of becoming a positive contributing member of society, ability to make contributions to the national interest, and intent to commit criminal or terrorist acts after entering the U.S., may be raised

What can we expect for employees?

• Increased visa processing times at Embassies around the world as well as increase adjudication times for immigration benefits applied through at the U.S. Citizenship & Immigration Services (“USCIS”)
• Increased interview backlogs at Embassies, especially for high volume posts like India
• More significant delays at USCIS offices, Embassies, and U.S. Customs and Border Protection entry locations around the world

How should employers plan ahead?

• Employers should plan ahead for any employees who may be effected by this travel and visa/immigration benefits ban, as this may cause disruption of U.S. business operations for companies that rely on such individuals
• Clients who might be affected should contact Immigration Counsel immediately, as affected individuals may need to refrain from traveling outside of the U.S., or to try and return to the U.S. as soon as possible, if currently abroad
• Travelers who must apply for or renew their visa while abroad are advised to plan travel as far in advance as possible and anticipate potential delays

As of 5:00 p.m. on January 27, 2017,  reports have circulated that the Executive Order has been signed by President Trump.

Gibney will continue to closely monitor any proposed changes to policy or procedure under the Trump administration, and we will provide updates as needed. If you have any questions regarding this alert, please contact your designated Gibney representative, or email info@gibney.com.