December 12, 2017

U.S. Travel Ban: Restrictions and What this Means for Travelers

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Dec

12

U.S. Travel Ban: Restrictions and What this Means for Travelers

Posted by: Fabiana Hershfield, Supply Chain Manager

The U.S. State Department announced that on December 8, 2017 at the start of business local time, the Trump Administration began to fully implement the third travel ban. Nationals of Chad, Iran, Libya, Somalia, Syria and Yemen will be subject to country-specific travel restrictions unless they are exempt or obtain a waiver. Restrictions against nationals of North Korea and Venezuela were unaffected by the ongoing litigation and have been in place since October 18, 2017. 

Travel Restrictions:

  • Chad: No B-1, B-2 or B-1/B-2 visitor visas; no immigrant or diversity lottery visas.
  • Iran: No nonimmigrant visas except F and M student visas and J exchange visitor visas; no immigrant or diversity lottery visas.
  • Libya: No B-1, B-2 or B-1/B-2 visitor visas; no immigrant or diversity lottery visas.
  • North Korea: No nonimmigrant visas; no immigrant or diversity lottery visas.
  • Somalia: Nonimmigrant visa applicants subject to heightened scrutiny; no immigrant or diversity visas.
  • Syria: No nonimmigrant, immigrant or diversity lottery visas.
  • Venezuela: No B-1, B-2 or B-1/B-2 visas for officials of designated Venezuelan government agencies. Other visa holders are subject to verification of traveler information. No restrictions on immigrant  or diversity lottery visas.
  • Yemen: No B-1, B-2 or B-1/B-2 visitor visas; no immigrant or diversity lottery visas. 

Several classes of foreign nationals are exempt from the restrictions, including U.S. lawful permanent residents, dual nationals traveling on a passport from a non-restricted country, foreign nationals who hold a valid U.S. visa or advance parole, and those who were physically in the United States or held a valid visa or other travel document on the applicable original effective date of the travel restrictions. 

What Does This Mean for Travelers?

Foreign nationals who are currently in the United States, hold a passport from a restricted country (other than exempt dual nationals) and would need to apply for a visa to reenter the United States should carefully consider the risks of international travel and the potential for significant delays or a denial from reentering the United States.  

As a reminder, all foreign nationals, including those exempt from the travel restrictions, are subject to national security screening and the potential for additional vetting when applying for a U.S. visa or admission to the United States.  

Fragomen is closely following this subject and will issue further client alerts as developments occur.

© 2017 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved. This alert is for informational purposes only and does not constitute legal advice or give rise to an attorney-client relationship between you and Fragomen Worldwide. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen Worldwide.

Cartus Recommendations for Relocation Managers

As you review your international assignment planning in light of this news, Cartus recommends that you:

  • Set expectations with the home and host business unit regarding the travel ban countries and U.S. visa limitations for these foreign nationals.
  • Ensure that Foreign Nationals from travel ban countries with approved U.S. visas are prepared for the potential of additional vetting upon arrival in the U.S.  
  • Have employees from these countries discuss any immigration concerns directly with their assigned/or preferred immigration provider.

Should you require any further information about this or any other aspect of visa/immigration planning, please seek specialist advice from your immigration provider. 

Picture of Fabiana  Hershfield

Posted By

Fabiana Hershfield

About Fabiana

Fabiana has 16 years of experience in international assignment services, immigration case processing, and global supply chain management. She has also worked for a multinational immigration law firm, serving as the Global Case Manager for a vast corporate client portfolio.

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