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President Issues New Executive Order Imposing Temporary Travel Ban

In a separate announcement, USCIS temporarily suspends premium processing of H-1B visas

March 10, 2017

On March 6, President Donald Trump revoked the January 27 Executive Order creating a temporary travel ban on nationals from certain countries and issued a new Executive Order imposing a new temporary travel ban.

Like the earlier Executive Order, the new Executive Order imposes a 90-day ban on entry into the United States for nationals of Iran, Libya, Somalia, Sudan, Syria, and Yemen. But the new Executive Order is different from the earlier Executive Order in several important ways, including:
  • The new Executive Order does not apply to foreign nationals of the six designated countries who (1) have a valid visa on March 16, 2017, (2) had a valid visa at 5:00 p.m. EST on January 27, 2017, or (3) is a lawful permanent U.S. resident (i.e., a green card holder).
  • The new Executive Order is not effective immediately but instead goes into effect March 16, 2017.
  • The new Executive Order does not include Iraq in the banned-countries list, although it does state that Iraqi foreign nationals seeking entry into the United States “should be subjected to additional scrutiny.”
Read the U.S. Department of Homeland Security’s FAQs on the new Executive Order here: https://www.dhs.gov/news/2017/03/06/qa-protecting-nation-foreign-terrorist-entry-united-states.

In a move apparently not related to the new Executive Order, the U.S. Citizenship and Immigration Services (USCIS) announced on Friday, March 3 that, starting on April 3, USCIS will be temporarily suspending premium processing for all H-1B applicants (including physician applicants) and that the suspension could last for up to six months.

Premium processing of H-1B visas allows an applicant to pay an additional filing fee and receive a decision from USCIS within 15 calendar days, as opposed to having to wait for many months. USCIS also temporarily suspended premium processing last year, albeit not for an indefinite six-month time period. View USCIS’s announcement.

For additional information on the Executive Order or the suspension of H-1B visa premium processing, contact WHA Assistant General Counsel Andrew Brenton at 608-274-1820 or abrenton@wha.org.
 

This story originally appeared in the March 10, 2017 edition of WHA Newsletter