President Trump’s travel ban has been partially enforced against nationals from 6 countries and refugees. Nationals from Iran, Libya, Somalia, Sudan, Syria and Yemen and refugees from any country are subject to the travel ban and therefore prohibited from entering the US. Nationals from these countries will be exempt from the ban should they have a credible claim of a bona fide relationship to a person or entity in the US. It is likely that the majority of employer sponsored foreign nationals should be exempt from the ban.
Additionally, the travel ban does not apply to foreign nationals who:
- were inside the US as of 26th June 2017;
- had a valid US visa as of 8pm EDT on 29th June 2017; or
- had a valid US visa as of 5pm EST on 27th January 2017
Those who do not fall within these exemptions will be barred for 90 days and refugees will be barred for 120 days, unless they are granted a waiver or they are exempt.
The individual’s nationality will be determined by their passport when they attempt to enter the US. The department of Homeland Security has stated that no visas will be revoked on the basis of this travel ban.
If an individual’s valid US visa expires or they leave the US, the foreign national will not be subject to the ban when they apply for a new visa. However, they must meet all the standard admissibility requirements.
In order to qualify for the waiver, the individual will be evaluated on a case- by-case basis. To qualify for the waiver, the individual must show that it is in the US’ interest to admit you into the country. Additionally, it must be proven that they do not pose national security threats and that denying them entry would cause extreme hardship. This waiver can be requested at the individual’s consular visa interview.