• Insights

Further Updates on the U.S. Entry Ban

February 1, 2017

insight-news-default

Country / Territory

  • United StatesUnited States

Related offices

  • Atlanta
  • Boston
  • Chicago
  • Dallas
  • Houston
  • Irvine
  • Los Angeles
  • Matawan
  • Fragomen in Miami, FL
  • New York
  •  Phoenix
  • San Diego
  • San Francisco
  • Silicon Valley
  • Detroit
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Atlanta
  • Boston
  • Chicago
  • Dallas
  • Houston
  • Irvine
  • Los Angeles
  • Matawan
  • Fragomen in Miami, FL
  • New York
  •  Phoenix
  • San Diego
  • San Francisco
  • Silicon Valley
  • Detroit
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Atlanta
  • Boston
  • Chicago
  • Dallas
  • Houston
  • Irvine
  • Los Angeles
  • Matawan
  • Fragomen in Miami, FL
  • New York
  •  Phoenix
  • San Diego
  • San Francisco
  • Silicon Valley
  • Detroit
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

United States

On Friday, January 27, 2017, U.S. President Donald J. Trump signed an executive order that prohibits foreign nationals from Iran, Iraq, Libya, Somalia, Sudan, Syria or Yemen from entering the United States for 90 days.  The order was put in place immediately and resulted in confusion at U.S. ports of entry and abroad. The U.S. government has since provided further guidance on implementation of the executive order, including new information for lawful permanent residents, dual nationals and visa applicants from non-banned countries, but the current situation remains fluid.

The following is Fragomen's update on the status of the U.S. entry ban.  Because this guidance is subject to frequent change, please contact your designated Fragomen professional before traveling to or departing from the United States.

For purposes of the following, the term "country of concern" refers to Iran, Iraq, Libya, Somalia, Sudan, Syria or Yemen.  Unless otherwise indicated, the term "dual national" refers to an individual who is a national of a country of concern and another foreign country. 

Who Is Subject to the Ban?

U.S. Customs and Border protection has clarified that the ban will be imposed on those who present a passport from one of the seven countries of concern, with the exception of U.S. lawful permanent residents (LPRs), as discussed below. 

Dual nationals are subject to the executive order but should not be prohibited from entering if they present a passport from a non-banned country.  However, because of ambiguities in how the Department of State is treating the ban, dual nationals who have in the past represented themselves to be a citizen of one of the seven countries – including presenting a passport in connection with a benefit or a visa application – may want to postpone travel until there is further clarity.

Lawful Permanent Residents Who Are Nationals of a Country of Concern

LPRs who are nationals of a country of concern are not subject to the ban, according to new guidance from the Administration announced by the White House Press Secretary today.  Though the Administration has not yet posted its guidance, a copy, which appears genuine, has been obtained and circulated by national press outlets.  Previously, the Administration cautioned that LPRs might be subject to the ban in limited circumstances.

As such, LPRs may travel to the United States without restriction.  However, because it may take time for border inspection officers to receive the new White House guidance, LPRs should be prepared for questioning at U.S. ports of entry and should carry a copy of the guidance when they travel internationally.  

Nonimmigrants Who Are Nationals of a Country of Concern

Nonimmigrants who are nationals only of a country of concern will not be issued a U.S. nonimmigrant visa or be permitted to enter the United States for the duration of the ban. Though the executive order allows for a discretionary waiver of the entry ban in the national interest, this is not expected to be available except in extraordinary circumstances.  In addition, the government has not yet provided a process for foreign nationals to follow in seeking a waiver.

Other Lawful Permanent Residents and Nonimmigrants

LPRs and nonimmigrants who are not from a country of concern but have traveled to one of the seven countries should expect to be questioned closely when entering the United States. All LPRs and nonimmigrants should expect heightened entry procedures when returning to the United States in the current environment.

Visa Waiver Program Travelers

Visa Waiver Program (VWP) travelers who have traveled or may have ties to a country of concern should check the status of their registration in the Electronic System for Travel Authorization (ESTA) to ensure that it remains valid.  If travel to a country of concern took place after their most recent ESTA registration, foreign nationals should reapply for ESTA for authorization to use the VWP in the future.

As a reminder, since December 18, 2015, travelers who are nationals of one of the seven countries of concern or who have traveled there since March 2011 are prohibited from using the VWP and instead must obtain a B-1/B-2 visa for business or tourist trips to the United States.  Exemptions and waivers may be available to those who have traveled to a country of concern for certain very limited government, military, humanitarian, reporting and business-related purposes.

Global Entry Members

Non-U.S. citizens with nationality of one of the seven countries of concern may have their registration in the Global Entry trusted traveler program revoked due to the entry ban.  Global Entry registrants should check the status of their registration in GOES, CBP’s trusted traveler registration website.

Revocation of Global Entry membership does not, itself, prohibit travel to the United States, but merely restricts affected travelers from using the Global Entry kiosks for immigration and customs inspection. Instead, they must wait in line to be inspected by a CBP officer.

U.S. Citizens

U.S. citizens are not subject to the entry ban, including those with dual nationality in the United States and a country of concern.  However, U.S. citizens who have traveled to Iran, Iraq, Libya, Somalia, Sudan, Syria or Yemen should expect to be questioned closely when reentering the United States.

Impact of the Entry Ban on Adjudications

There are reports that USCIS adjudicators have been told to suspend work on cases filed by or on behalf of foreign nationals subject to the entry ban.  Though information is limited, the suspension could affect the processing of nonimmigrant and immigrant petitions, applications for employment-based adjustment of status, naturalization applications, employment authorization documents and other employment-based applications and petitions. 

Notwithstanding the executive order, the State Department has confirmed that U.S. consulates continue to exempt certain visa applicants from in-person interviews.  Foreign nationals from a non-banned country may be eligible for an interview waiver if:  (1) they are renewing a visa in the same classification that is still valid or has expired within the last 12 months; or (2) are under 14 or over 79 years of age.  Visa applicants should check the website of the relevant consulate for specific information, which is subject to frequent change.

Duration and Scope of the Entry Ban

Currently, the executive order suspends the entry of foreign nationals from the countries of concern for 90 days, or through April 27, 2017.  The order could be extended beyond this date.

While the ban is in effect, the U.S. government will conduct a 60-day review of worldwide security policies.  Nationals of countries that do not cooperate in the review could be added to the list of travelers subject to the entry ban. 

This alert is for informational purposes only. If you have any questions about the executive order, please contact the immigration professional with whom you work at Fragomen.

© 2017 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved. 

Country / Territory

  • United StatesUnited States

Related offices

  • Atlanta
  • Boston
  • Chicago
  • Dallas
  • Houston
  • Irvine
  • Los Angeles
  • Matawan
  • Fragomen in Miami, FL
  • New York
  •  Phoenix
  • San Diego
  • San Francisco
  • Silicon Valley
  • Detroit
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Atlanta
  • Boston
  • Chicago
  • Dallas
  • Houston
  • Irvine
  • Los Angeles
  • Matawan
  • Fragomen in Miami, FL
  • New York
  •  Phoenix
  • San Diego
  • San Francisco
  • Silicon Valley
  • Detroit
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Atlanta
  • Boston
  • Chicago
  • Dallas
  • Houston
  • Irvine
  • Los Angeles
  • Matawan
  • Fragomen in Miami, FL
  • New York
  •  Phoenix
  • San Diego
  • San Francisco
  • Silicon Valley
  • Detroit
  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Blog post

Malta Citizenship by Merit and Vision 2050: Who May Qualify and What Contributions Matter?

Director Isobel Neilson and Manager Sophie Jo Wasson examine how Malta’s Citizenship by Merit framework considers exceptional achievement and contribution alongside the country’s long-term priorities under Vision 2050, and what applicants should consider when developing a credible case.

Learn more

Media mentions

People Management: UK Right to Work Check Changes: What Businesses Need to Know

Partner Naomi Goldshtein discusses how new UK right to work requirements extend beyond direct employees and the steps businesses should take to understand and manage workforce compliance.

Learn more

Blog post

The Dutch-American Friendship Treaty at 70: How “Friendly” is it in Practice?

Partners Aviva Meerschwam and Christine Sullivan, Senior Associate Tuğba Özyakup and Junior Immigration Consultant Gabriela Gonzalez examine how the Dutch-American Friendship Treaty operates in the Netherlands and the US, and what the differences mean for entrepreneurs, investors and businesses pursuing transatlantic growth.

Learn more

Awards

Fragomen Named a Top 10 Finalist for the 2026 Cartus Masters Cup

Fragomen is a Top 10 finalist for the 2026 Cartus Masters Cup, Cartus’ highest supplier honor recognizing exceptional service, collaboration, innovation and commitment to clients and relocating employees.

Learn more

Media mentions

SHRM: Proposed $103,265 H-1B Is Changing Talent Acquisition Strategy

Partner Bo Cooper discusses the proposed $103,265 H-1B fee, potential legal challenges and its broader implications for employers and high-skilled immigration.

Learn more

Media mentions

Business Insider: The Hidden Sacrifices of Chasing an H-1B Career in America

Partner Aaron Blumberg discusses how proposed changes to the H-1B program could affect workers facing layoffs and families navigating dependent visa status.

Learn more

Blog post

Permanent Residence in Germany: Why Eligible Foreign Nationals Should Consider Applying Early

Senior Associate Arta Djahanschiri outlines the principal pathways to permanent residence in Germany, the flexibility and security the status can provide and why eligible foreign nationals should consider applying early.

Learn more

Blog post

Proposed Changes to Naturalisation by Residency in Ireland: What Does it Mean for Employers and Global Mobility Programmes?

Immigration Manager Jo Crawford examines proposed changes to Ireland’s naturalisation requirements and what they could mean for employers and global mobility programmes, including talent retention, workforce planning and business mobility. 

Learn more

Fragomen news

Comment on DHS Proposed $103,265 Fee on Cap-Subject H-1B Petitions.Learn more

Awards

Fragomen Receives Three 2026 Cartus Awards

Fragomen received three recognitions at the 2026 Cartus Global Network Conference for excellence in service, sustainability leadership and global citizenship.

Learn more

Blog post

Net Migration Policy: An Explainer Comparing Australia, Canada and the UK

Partner Jack (Eui Chul) Kim, Senior Counsel Dr. Anna Boucher, UK Government Affairs Strategy Director Shuyeb Muquit and Articling Student David Mucz examine how Australia, Canada and the UK measure net migration. They compare efforts to reduce migration with the need to maintain access to international talent, and explain the potential effects on employers, labor markets and economic growth.

Learn more

Media mentions

Bloomberg Law: White House H-1B Order Puts Employer Layoffs Under Microscope

Partner K. Edward Raleigh discusses how US employers should consider displacement and conduct a risk analysis when assessing H-1B filings in light of recent policy changes.

Learn more

Blog post

Malta Citizenship by Merit and Vision 2050: Who May Qualify and What Contributions Matter?

Director Isobel Neilson and Manager Sophie Jo Wasson examine how Malta’s Citizenship by Merit framework considers exceptional achievement and contribution alongside the country’s long-term priorities under Vision 2050, and what applicants should consider when developing a credible case.

Learn more

Media mentions

People Management: UK Right to Work Check Changes: What Businesses Need to Know

Partner Naomi Goldshtein discusses how new UK right to work requirements extend beyond direct employees and the steps businesses should take to understand and manage workforce compliance.

Learn more

Blog post

The Dutch-American Friendship Treaty at 70: How “Friendly” is it in Practice?

Partners Aviva Meerschwam and Christine Sullivan, Senior Associate Tuğba Özyakup and Junior Immigration Consultant Gabriela Gonzalez examine how the Dutch-American Friendship Treaty operates in the Netherlands and the US, and what the differences mean for entrepreneurs, investors and businesses pursuing transatlantic growth.

Learn more

Awards

Fragomen Named a Top 10 Finalist for the 2026 Cartus Masters Cup

Fragomen is a Top 10 finalist for the 2026 Cartus Masters Cup, Cartus’ highest supplier honor recognizing exceptional service, collaboration, innovation and commitment to clients and relocating employees.

Learn more

Media mentions

SHRM: Proposed $103,265 H-1B Is Changing Talent Acquisition Strategy

Partner Bo Cooper discusses the proposed $103,265 H-1B fee, potential legal challenges and its broader implications for employers and high-skilled immigration.

Learn more

Media mentions

Business Insider: The Hidden Sacrifices of Chasing an H-1B Career in America

Partner Aaron Blumberg discusses how proposed changes to the H-1B program could affect workers facing layoffs and families navigating dependent visa status.

Learn more

Blog post

Permanent Residence in Germany: Why Eligible Foreign Nationals Should Consider Applying Early

Senior Associate Arta Djahanschiri outlines the principal pathways to permanent residence in Germany, the flexibility and security the status can provide and why eligible foreign nationals should consider applying early.

Learn more

Blog post

Proposed Changes to Naturalisation by Residency in Ireland: What Does it Mean for Employers and Global Mobility Programmes?

Immigration Manager Jo Crawford examines proposed changes to Ireland’s naturalisation requirements and what they could mean for employers and global mobility programmes, including talent retention, workforce planning and business mobility. 

Learn more

Fragomen news

Comment on DHS Proposed $103,265 Fee on Cap-Subject H-1B Petitions.Learn more

Awards

Fragomen Receives Three 2026 Cartus Awards

Fragomen received three recognitions at the 2026 Cartus Global Network Conference for excellence in service, sustainability leadership and global citizenship.

Learn more

Blog post

Net Migration Policy: An Explainer Comparing Australia, Canada and the UK

Partner Jack (Eui Chul) Kim, Senior Counsel Dr. Anna Boucher, UK Government Affairs Strategy Director Shuyeb Muquit and Articling Student David Mucz examine how Australia, Canada and the UK measure net migration. They compare efforts to reduce migration with the need to maintain access to international talent, and explain the potential effects on employers, labor markets and economic growth.

Learn more

Media mentions

Bloomberg Law: White House H-1B Order Puts Employer Layoffs Under Microscope

Partner K. Edward Raleigh discusses how US employers should consider displacement and conduct a risk analysis when assessing H-1B filings in light of recent policy changes.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
October 1, 2026 | JapanJapan: Stricter Permanent Residence Requirements
October 2, 2026 | United KingdomUnited Kingdom: Draft Code on Expanded Right to Work Scheme Clarifies Employer Obligations
October 2, 2026 | United KingdomUnited Kingdom: Expanded RTW Scheme in Effect; Further Employer Guidance Published
October 2, 2026 | United StatesUnited States: September 2026 DOL PERM and PWD Processing Times
October 2, 2026 | United StatesUnited States: U.S. Consular Services in Brazil Suspended
October 1, 2026 | JapanJapan: Stricter Permanent Residence Requirements
October 2, 2026 | United KingdomUnited Kingdom: Draft Code on Expanded Right to Work Scheme Clarifies Employer Obligations
October 2, 2026 | United KingdomUnited Kingdom: Expanded RTW Scheme in Effect; Further Employer Guidance Published
October 2, 2026 | United StatesUnited States: September 2026 DOL PERM and PWD Processing Times
October 2, 2026 | United StatesUnited States: U.S. Consular Services in Brazil Suspended
October 1, 2026 | JapanJapan: Stricter Permanent Residence Requirements
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.