The President of the United States first signed executive order 13769 on January 27, 2017 that affected travelers from seven countries. That order was temporarily suspended by a federal court and has been waiting a decision on its legality. On March 6, 2017, the President signed a new executive order that affects travelers from six countries.
On June 26, 2017, the U.S. Supreme Court partially granted the government's request to stay the preliminary injunctions. The decision, however, contains an important exception that upholds the injunction for individuals "who have a credible claim of a bona fide relationship with a person or entity in the United States." Most students and scholars, therefore, should continue to be exempt from the 90-day bar.
We'll keep this page updated with the most recent information and helpful resources. If you have any questions, you can contact the international office for assistance.
Travel Ban - General Information Expand
On June 26, 2017, the U.S. Supreme Court partially granted the government’s request to stay the preliminary injunctions and allow parts of the ban for individuals from Iran, Syria, Yemen, Libya, Somalia and Sudan to be implemented. However, the decision contains an important exception that upholds the injunction for individuals who have a “credible claim” of a bona fide relationship with a person or entity in the United States. As a result, most students and scholars should remain exempt from the travel ban until a final decision is made by the Supreme Court, most likely in October. Students and scholars from these countries should continue to apply for visas as soon as possible.
The ban does not apply to the following individuals:
- U.S. lawful permanent residents in possession of a valid Form I-551 (green card) or temporary I-551 stamp
- Holders of a currently valid immigrant or nonimmigrant visa that was either approved prior to 5:00 eastern standard time January 27, 2017, or valid as of March 6, 2017
- Dual citizens of one of the 6 countries and the United States (such individuals are always considered U.S. citizens)
- Dual citizens of one of the 6 countries and another country not on the list of 6, who will enter the United States on the basis of a valid passport issued by the country not on the list of 6
Individuals who are citizens of one of the 6 countries and do not fall within one of the above-listed exceptions would be subject to the new entry bar.
"Buy American & Hire American" Expand
"Buy American & Hire American":
On April 18, 2017, President Trump signed an executive order entitled, "Buy American and Hire American."
Buy American refers to a set of procurement laws about how goods and manufactured products are obtained and how they’re used in federal projects or federally funded projects.
Hire American generally refers to the body of law and policy concerning how our immigration, visa and guest worker programs are operated to ensure proper protections for American workers. The biggest concern for students and scholars is how this order will affect the H-1B Specialty Worker program.
Among other things, this executive order:
- Commits the executive branch to "rigorously enforce and administer the laws governing entry into the United States of workers from abroad"
- Calls on the Departments of Homeland Security, State, Labor, and Justice to "as soon as practicable, and consistent with applicable law, propose new rules and issue new guidance, to supersede or revise previous rules and guidance if appropriate, to protect the interests of United States workers in the administration of our immigration system, including through the prevention of fraud or abuse"
- Calls on the same agencies to "as soon as practicable, suggest reforms to help ensure that H-1B visas are awarded to the most-skilled or highest-paid petition beneficiaries"
This executive order does not change any laws related to H-1B special worker visas. It mostly calls on the appropriate government agencies to start working on proposals to revamp the classification.
Until then, those applying for computer technology based positions can expect greater scrutiny when applying for H-1B visas. Employers will need to demonstrate that a bachelor’s degree or higher in a specific field of study is necessary to do the job. Employers would be wise to include detailed job descriptions indicating the work to be done and the percentage of time that will spent each day on those duties. In addition, the employer will need to explain why the job duties being performed require a college degree, that the degree has been the standard requirement historically at the employer for similar positions that have been filled, and that the degree is a common requirement in the industry for similar positions.
More details will be reported as they become available.
Executive Orders & Statements