The President today issued a new Executive Order.  It replaces his Executive Order of January 27, 2017 which mandated a travel ban on the nationals of 7 predominantly Muslim countries and all refugees, but was subsequently halted by the courts.

The key elements of the new Executive Order are outlined as follows:
– Implementing a program of “uniform screening and vetting standards” for all immigration programs to identify individuals who enter the U.S. on a fraudulent basis, or who support terrorism or violent extremism, amongst other concerns.  These standards and procedures are to include in-person interviews, a database of identity documents, and amended application forms to include questions aimed at identifying fraudulent answers and malicious intent.
– Providing for the temporary suspension of the nationals of 6 predominantly Muslim countries of “particular concern” for the next 90 days (Iran, Libya, Somalia, Sudan, Syria, and Yemen). While nationals of Iraq have been removed from the original list of 7, the Order requires that an application by any Iraqi for a visa, admission, or other immigration benefit should still be subjected to thorough review.
– Applying this temporary suspension only to foreign nationals of these 6 countries who are currently outside the U.S. and who do not have a valid travel visa.
– Exempting any foreign national of one of the 6 countries who is currently a green card holder, holds a valid advance parole document, has been granted asylum, or is a dual national of the U.S. and one of the 6 countries.
– Granting consular and U.S. Customs and Border Protection officers with discretion to waive the suspension requirements and authorize the issuance of a visa or permit entry for an otherwise banned foreign national on a “case-by-case basis.”  Appropriate “case-by-case” circumstances are defined to include: the foreign national has been previously admitted to the U.S. for a continuous period of work, study, or other long-term activity is currently outside the U.S. and seeks to re-enter the U.S. to resume that activity; the foreign national seeks to enter the U.S. for significant business or professional obligations and denial of entry would impair those obligations; or the foreign national seeks to enter the U.S. to visit or reside with a spouse, child or parent who is a U.S. citizen, green card holder, or admitted lawfully on a nonimmigrant visa, and the denial of entry would cause undue hardship.
– Conduct of a worldwide review (due to the President within the next 20 days) of additional information needed from each these countries of “particular concern” in order to determine that an applicant of that country for a visa, admission or other immigration benefit is not a security or public safety threat.
– Subsequent to the worldwide review, submitting to the President a list of countries recommended for inclusion in a Presidential proclamation that would prohibit the entry of appropriate categories of foreign nationals of countries that have not provided the information requested until they do so, or until that country has an adequate plan to do so, or until that country shares information through other means.  Further, submitting to the President a list of any additional countries for which lawful restrictions or limitations are recommended for the security or welfare of the U.S.
– Temporary suspension of refugee travel to the U.S. for 120 days to enable a review of application and adjudication processes to ensure refugees do not pose a threat to the security and welfare of the U.S.
– Expedited completion of the biometric entry-exit tracking system.
– Continued suspension of the visa interview waiver program.
– Review of visa reciprocity arrangements with other countries.

This Executive Order, like the first, concerns the immigration law community for its broad and general application as well as its potential effect on U.S. employers and the hard-working foreign nationals they employ.  Dayzad Law will continue to be monitor and address impacts for our existing and new clients.