URGENT TRAVEL ADVISORY FOR CERTAIN FOREIGN NATIONAL EMPLOYEES URGENT TRAVEL ADVISORY FOR CERTAIN FOREIGN NATIONAL EMPLOYEES

URGENT TRAVEL ADVISORY FOR CERTAIN FOREIGN NATIONAL EMPLOYEES

As you no doubt have heard, there have been a number of immigration-related Executive Orders signed by President Trump over the last handful of days. Please watch for our comprehensive article on these Orders, including a few more that are expected to be signed in the coming days. Unfortunately, there are current reports that are prompting us to reach out to you now more urgently.
 
One of the Executive Orders signed yesterday suspends visa issuance and immigration benefits for 90 days for foreign nationals from the following countries:  Iran, Iraq, Libya, Sudan, Somalia, Syria and Yemen, including dual citizens. This Order is expected to affect visa applicants from those countries in need of non-immigrant or immigrant (green card) processing abroad at a U.S. Consulate or Embassy. It is also expected to affect those with pending applications, including requests for extensions of stay and other immigration benefits within the U.S. Unfortunately, however, we are now hearing consistent reports from a variety of sources that foreign nationals from these countries are also being detained at the U.S. border even when the individual has already been awarded their visa abroad. Whether this is beyond the scope of the intended Executive Action remains to be seen (legal challenges have already been initiated). However, it is a reminder of the broad, non-reviewable discretion and authority our U.S. port of entry officers hold. As such, we are strongly recommending that foreign nationals from the current list of identified countries avoid all international travel, including permanent residents of the United States. While the current list of affected countries is limited to these seven, the White House has suggested that the list of countries may be expanded. As a result, there will be some employees that have reasonable fear and anxiety related to international travel and those instances should be carefully evaluated with legal counsel on a case by case basis.
 
We will continue to monitor this quickly evolving situation and will advise you of any other immediate recommendations. To the extent you have unique or individual circumstances you would like to discuss, including urgent personal or business travel, please contact us at your convenience. 

Please contact Jenifer Brown, Christl Glier, or another member of the firm’s Immigration practice with questions regarding the impact of these changes or related matters. 

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader should consult with legal counsel to determine how laws or decisions discussed herein apply to the reader’s specific circumstances.
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