On Monday, we reported that the Supreme Court granted review of President Trump’s revised Travel Ban. The Supreme Court also allowed certain parts of the entry ban to go into effect, which will be implemented starting Thursday, June 29th, 2017 at 8pm EDT.

The Department of Homeland Security (“DHS”) and the U.S. Department of State (“DOS”) just released guidance, a background briefing, and frequently asked questions (“FAQs”) on how these two agencies will implement these sections of President Trump’s travel ban.

President Trump’s travel ban applies to certain foreign nationals from Iran, Libya, Somalia, Sudan, Syria and Yemen for 90 days and refugees from all countries for 120 days, unless they are exempt or granted a waiver. Relevant to employment-based immigration, the FAQs confirm several issues:

  • Dual Nationals, or those holding passports from both a listed country and a third country, will be processed according to the travel document they present. As such, individuals with dual citizenship should always present the passport of the non-listed country.
  • Foreign nationals from the six countries who possess valid visas in their passports can still travel.
  • Foreign nationals from the six countries who were in the U.S. on June 26th, 2017, can travel abroad and still apply for a valid visa as the Executive Order (“EO”) does not apply.
  • The EO applies to both nationals and citizens of the six countries.
  • Landed Immigrants of Canada who hold passports from one of the six countries remain eligible to apply for a visa.
  • Customs and Border Protection (“CBP”) has been issued guidance on the field implementation of this EO.

Despite these clarifications from DHS and DOS, SPS Immigration urges individuals from the listed six countries who intend to travel internationally in the next 90 days to consult with Immigration Counsel prior to booking.