1. GUIDANCE ON PRESIDENT TRUMP’S EXECUTIVE ORDER (Entry Ban)

2. OVERVIEW EXECUTIVE ORDERS Employment-Based Immigration Entry Ban
Temporary Restraining Order Against Entry Ban Remains in Place
Employment-Based Immigration
Signed: Jan. 27, 2017
Prohibits Foreign Nationals (“FN”) from seven (7) countries from entering the U.S.
Duration: 90 days, or through, Apr. 27, 2017.
A temporary restraining order against President Trump's entry ban executive order remains in place after the Ninth Circuit Court of Appeals denied the Administration's request to stay the TRO. Foreign nationals from the seven restricted countries should nevertheless continue to exercise caution. Though travel to the United States is possible at the present time, future court rulings could reinstate the ban while a federal district court challenge to the executive order continues.
(Proposed Executive Order)
Implementation of wide-ranging review and revision of employment-based immigration programs, rules, and guidance

3. SUBJECT TO THE ENTRY BAN?
FNs from one of the following 7 countries:
Iran
Iraq
Libya
Somalia
Sudan
Syria
Yemen
ENTRY BAN
WHO IS
SUBJECT TO THE ENTRY BAN?

4. WHO IS NOT SUBJECT TO THE ENTRY BAN?
The Entry Ban Does NOT Apply To:
U.S Citizens, even those with dual nationality in the U.S. and a country of concern;
Dual Nationals who possess a valid visa in the passport of a non-banned country;
Lawful Permanent Residents (“LPRs”) who are nationals of a country of concern;
The term “dual national” refers to an individual who is a national of a country of concern and another foreign country.
The term “country of concern” refers to Iran, Iraq, Libya, Somalia, Sudan, Syria, or Yemen.
ENTRY BAN
WHO IS NOT SUBJECT TO THE ENTRY BAN?

5. PRACTICAL EFFECT ENTRY BAN Dual Nationals
Nonimmigrant Nationals of a Country of Concern
LPRs & Nonimmigrants: What To Expect
Consulates worldwide will continue processing visa applications and issue nonimmigrant and immigrant visas to otherwise eligible visa applicants who apply with a passport from an unrestricted country, even if they hold dual nationality from one of the 7 countries of concern.
Will NOT be issued a U.S. nonimmigrant visa or be permitted to enter the U.S for the duration of the ban.
The Executive Order permits discretionary waivers in the national interest; but such waivers are not expected to be available; except in extraordinary circumstances.
Those who have traveled to one of the 7 countries of concern should expect to be questioned closely when entering the U.S.
They may also face heightened entry procedures when returning to the U.S.

6. VISA WAIVER PROGRAM (“VWP”) TRAVELERS
VWP travelers who have traveled or may have ties to a country of concern should check their status of their registration in the Electronic System for Travel Authorization (ESTA) to ensure that it remains valid.
If travel to one of the 7 countries took place after the most recent ESTA registration, FNs should reapply for ESTA for authorization to use the VWP in the future.
ENTRY BAN
VISA WAIVER PROGRAM (“VWP”) TRAVELERS

7. VWP TRAVELERS - CAUTION - ENTRY BAN
Reminder: Since Dec. 18, 2015, travelers who are dual nationals of a VWP member country & Iran, Iraq, Sudan or Syria, or who have traveled to one of the 7 countries since March 2011 are prohibited from using the VWP.
The FN must obtain a B-1/B-2 visa for business or tourist trips to the U.S.
Exemptions & waivers may be available to those who are subject to VWP restrictions because they have traveled to a country of concern, provided their travel was for the following very limited purposes:
Government,
Military,
Humanitarian,
Reporting, and
Business-related
ENTRY BAN
VWP TRAVELERS
- CAUTION -

8. GLOBAL ENTRY MEMBERS ENTRY BAN
Non-U.S. Citizens with nationality of one of the 7 countries of concern may have their registration in the Global Entry trusted traveler program revoked due to the entry ban.
Global Entry registrants should check the status of their registration in GOES (CBP’s trusted traveler registration website).
ENTRY BAN
GLOBAL ENTRY MEMBERS

9. REVOCATION OF GLOBAL ENTRY MEMBERSHIP
Revocation of Global Entry membership does not, itself, prohibit travel to the U.S.
It merely restricts travelers from using Global Entry kiosks for immigration and customs inspection.
Instead, affected travelers must wait in line to be inspected by a CBP officer.
ENTRY BAN
REVOCATION OF GLOBAL ENTRY MEMBERSHIP

10. May be extended beyond this date
ENTRY BAN
90 days from Jan. 27, 2017,
(or through Apr. 27, 2017)
DURATION
May be extended beyond this date
While in effect, the U.S. government will conduct a 60-day review of worldwide security policies
Nationals of countries that do not cooperate in the review could be added to the list of travelers subject to the entry ban

11. EMPLOYMENT-BASED IMMIGRATION
EXECUTIVE ORDER:
EMPLOYMENT-BASED IMMIGRATION
(Proposed Order)

12. EMPLOYMENT-BASED IMMIGRATION
OVERVIEW
President Trump is expected to direct the Departments of Homeland Security, Labor, and State to undertake a wide-ranging review and revision of U.S. employment-based immigration program rules.
No immediate changes; instead, the Administration appears to intend on taking an aggressive approach to seek restrictions and increase enforcement.

13. (PROPOSED) EXECUTIVE ORDER INTENTIONS EMPLOYMENT-BASED IMMIGRATION
Review all employment-based immigration regulations to determine whether they violate the immigration laws or are otherwise not in the national interest.
EMPLOYMENT-BASED
IMMIGRATION
(PROPOSED)
EXECUTIVE ORDER
INTENTIONS
Study the impact of employment-based immigration on U.S. jobs and wages, including reports on whether the H-1B, L-1, and B-1 programs in particular, cause injury to U.S. workers.
Propose regulations that would limit the use of specific programs, including the B-1 business visitor category, the optional and curricular practical training programs for F-1 students (OPT and CPT) and the B-1B and L-1 visa programs.

14. EXECUTIVE ORDER INTENTIONS
EMPLOYMENT-BASED
IMMIGRATION
Evaluate the uses of parole and whether they conform to the immigration statutes
(PROPOSED)
EXECUTIVE ORDER INTENTIONS
CONTINUED…
Increase site visits and other initiatives of the USCIS Fraud Detection and National Security Unit including:
The immediate revival of the Benefits Fraud Assessment Program, under which the agency reviews specific immigration programs to determine whether there is fraud.
Expand the L-1 site visit program within 6 months & again within 2 years to include all immigration categories
Investigate ways to increase E-Verify usage

15. EMPLOYMENT-BASED IMMIGRATION PRACTICAL EFFECT FOR EMPLOYERS
Many of the Administration’s plans will require compliance with federal rulemaking procedures, which can take months to unfold.
Still, the draft Executive Order could mean an imminent increase in worksite inspections, and may result in more restrictive adjudications at the immigration agencies.

16. THANK YOU!
This Presentation is for informational purposes only. If you have any questions about any of the executive orders, we encourage you to please contact the immigration professional with whom you work at Fragomen.