U.S. Customs and Border Protection (CBP) news
As of January 31, 2017, CBP started providing daily updates on its implementation of the President’s 1/27/17 executive order (EO) on its webpage entitled “Protecting Nation from Foreign Terrorist Entry into the U.S.” As of February 2, 2017, CBP has updated the following in its web posting:
- Court orders: CBP is taking steps to comply with the court orders that were issued based on lawsuits filed in the wake of the order.
- Entry of lawful permanent residents (LPRs) who are nationals of the seven countries (Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen): Under updated guidance from the White House, the EO does not apply to lawful permanent resident (LPR) entries to the United States. Prior to this guidance, CBP reports that it processed 1,610 waivers for LPRs to re-enter the United States.
- Dual nationals of the seven countries: Dual nationals with a valid immigrant or nonimmigrant visa in a passport issued by any country not restricted under the EO will be permitted to apply for admission to the United States based on that passport. (This was also confirmed in a media event featuring the Secretary of Homeland Security, Acting Commissioner of CBP and Acting Director of ICE; The transcript of this media event is available here). This was also confirmed by the Department of State on February 2, 2017.
- Adjudication of N-400 applications: CBP confirmed on behalf of USCIS, that USCIS will continue to adjudicate N-400 applications for naturalization and administer the oath of citizenship consistent with prior practices.
Department of State (DOS) news
On February 2, 2017, DOS informed the American Immigration Lawyers Association (AILA) that there is currently no expansion of the travel ban to countries other than those targeted in the Executive Order. It also confirmed, as mentioned above, that the EO does not restrict the travel of dual nationals from any country with a valid U.S. visa in a passport of an unrestricted country. Visa applications will be processed and nonimmigrant and immigrant visas will be issued for “otherwise eligible visa applicants who apply with a passport from an unrestricted country, even if they hold dual nationality from one of the seven restricted countries.
On February 1, 2017, the National Visa Center announced that DOS has temporarily stopped processing immigrant visa applications for nationals of Syria, Iraq, Iran, Libya, Somalia, Sudan, and Yemen.
On February 1, 2017, DOS advised that the majority of visa interview waiver cases still can receive interview waivers. For instance, a visa interview waiver can continue to be granted if the visa applicant is under age 14 and over age 79, and/or the last visa the applicant was issued within the last year is the same category they are currently applying for. As the situation is fluid and subject to change, it is advisable for any visa applicant who has scheduled an interview waiver to confirm availability of the interview waiver. Note that the interview waiver procedures do allow for the Consulate to require interview.
U.S. Citizenship & Immigration Services (USCIS) news
USCIS has not updated its website in relation to the EO, and instead refers to a January 29, 2017, Department of Homeland Security general web release on the EO.
Executive or Congressional Action on H-1Bs
An Executive Order relating to various nonimmigrant visa categories, including H-1Bs, has been leaked in draft form, but it has not been signed and is not in effect. This draft EO refers to planned changes in regulations, and is not drafted in a manner that calls for immediate changes in visa processing. Legislation has been introduced in Congress (both in the Senate and the House) relating to H-1B visas but these represent only the first step in a typically lengthy multi-step process in changing the immigration laws. For a basic outline of the legislative process, click here.
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