• Insights

Update on the U.S. Entry Ban

January 30, 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 some limited guidance on implementation of the executive order, and federal courts have issued orders that limit the ban to some extent, but the current situation remains very 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?

The entry ban applies to nationals of the seven countries of concern. At present, the interpretation of the scope of the ban includes individuals who hold a passport from or were born in one of the seven countries, despite public information limiting application of the executive order to passport holders from the seven countries.  In addition, the entry ban may apply if the laws of a country of concern considers a person to be a national (for instance, because he or she was born abroad to a parent who is a national of that country), though this is less clear. 

Though the terms of the executive order are not precise, individuals with dual nationality in one of the countries of concern and any other foreign country appear to be banned by the executive order.  Fragomen is working to confirm reports that certain dual nationals, including UK citizens, may be exempt from the executive order, but unless and until there is authoritative and reliable government confirmation to the contrary, dual nationals appear subject to the entry ban.

Lawful Permanent Residents Who Are Nationals of a Country of Concern

Lawful permanent residents (LPRs) who are nationals of a country of concern are not subject to the ban unless the U.S. government deems that they pose a national security threat.  Initially, the U.S. government prohibited  the entry of all LPRs from a country of concern, but after a written statement from Homeland Security Secretary John Kelly, this prohibition will not apply unless the U.S. government has significant derogatory security information pertaining to an LPR.    

As such, LPRs may travel to the United States, but should expect close and lengthy questioning before they are admitted to the United States.  This includes secondary inspection with searches of phones, laptops and other electronic devices.   LPRs who are nationals of a country of concern should carry a copy of Secretary Kelly’s statement when they travel internationally. 

Nonimmigrants Who Are Nationals of a Country of Concern

Nonimmigrants who are nationals 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. The government also 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.

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 Entry Ban on USCIS 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, employment authorization documents and other employment-based applications and petitions.  As such, employers and foreign nationals should expect lengthy delays.

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

Media mentions

BioSpace: As H-1B Visa Changes Keep Coming, Biopharmas Adjust Hiring Approach

Partner Audrea Golding discusses how H-1B visa changes, including the $100,000 fee and weighted selection process, are affecting biopharma hiring and access to global talent.

Learn more
Generic Insights

Blog post

EU Visa Code Reform: Priorities for Better Schengen Business Travel

Senior Counsel Jo Antoons and Immigration Supervisor Elisabeth Kamm outline Fragomen Consulting Europe’s recommendations for EU Visa Code reform, including more consistent business travel rules, improved visa appointment access, greater transparency and a potential Schengen-wide trusted-employer framework.

Learn more

Blog post

Argentina Announces New Citizenship by Investment Programme: What Investors Need to Know

In a new blog, Manager Sophie Jo Wasson and Country Manager María Inés Menvielle explore what is known so far, the potential mobility benefits of Argentine citizenship and what prospective applicants should consider as implementation develops.

Learn more

Media mentions

Conexão Ásia: Além da China, profissionais das Filipinas, Índia, Japão e Bangladesh se destacam na imigração laboral asiática para o Brasil

Managing Director Diogo Kloper examines how immigration trends reveal the diverse economic ties between Brazil and Asia and the role of international mobility in supporting business growth.

Learn more

Media mentions

AILA Law Journal: Administrative Proxies in Immigration Adjudication

Partner David Grunblatt examines how USCIS uses administrative proxies in immigration adjudication and explains why these tools must support, rather than replace, statutory standards and individualized legal analysis.

Learn more

Blog post

International Talent in the Netherlands: Building a Talent Pipeline Without Losing Sight of Compliance

Manager Cherida Hooijer and Immigration Assistant Manager Kaatje Droesbeke examine how employers in the Netherlands can build an international student-to-graduate talent pipeline while managing the immigration and employment compliance requirements that apply at each stage.

Learn more

Video

Moving to Costa Rica? Visa and Residency Options Explained

Senior Immigration Program Manager Ana Carro explains Costa Rica's immigration pathways for digital nomads, retirees, individuals with stable income and investors, highlighting key eligibility requirements and considerations for choosing the appropriate option.

Learn more

Media mentions

Business Insider: The Winners and Losers of the New H-1B Era

Partner Catherine Macris discusses how evolving H-1B policies are shaping employers’ ability to recruit foreign talent, particularly in highly specialized fields.

Learn more

Awards

Fragomen Professionals and Employee Network Shortlisted for 2027 TLC Lions Human Awards Europe

Two Fragomen professionals and our BeYou@Fragomen employee network have been shortlisted for the 2027 TLC Lions Human Awards Europe, recognising their contributions to inclusive leadership and a people-centred workplace culture.

Learn more

Awards

Fragomen’s Worldwide Immigration Trends Report 2026 Wins at the FEM EMEA EMMAs

Fragomen is honored with the 2026 FEM EMEA EMMA in the "Thought Leadership - Best Survey or Research Study of the Year" category for its 2026 Worldwide Immigration Trends Report. 

Learn more

Media mentions

Law360: How A New Case Redefines The Birthright Citizenship Battle

Partner Daniel Pierce and Senior Associate Daniel D. Schaeffer examine US birthright citizenship challenges and the implications of recent court rulings for nationwide relief in immigration litigation.

Learn more

Media mentions

Times of India: US Proposes Ending Deference to Past H-1B Approvals; Indians Will Be Disproportionately Impacted

Senior Counsel Mitch Wexler explains how proposed policy changes could increase scrutiny and denial rates for H-1B and other temporary work visa extensions.

Learn more

Media mentions

BioSpace: As H-1B Visa Changes Keep Coming, Biopharmas Adjust Hiring Approach

Partner Audrea Golding discusses how H-1B visa changes, including the $100,000 fee and weighted selection process, are affecting biopharma hiring and access to global talent.

Learn more
Generic Insights

Blog post

EU Visa Code Reform: Priorities for Better Schengen Business Travel

Senior Counsel Jo Antoons and Immigration Supervisor Elisabeth Kamm outline Fragomen Consulting Europe’s recommendations for EU Visa Code reform, including more consistent business travel rules, improved visa appointment access, greater transparency and a potential Schengen-wide trusted-employer framework.

Learn more

Blog post

Argentina Announces New Citizenship by Investment Programme: What Investors Need to Know

In a new blog, Manager Sophie Jo Wasson and Country Manager María Inés Menvielle explore what is known so far, the potential mobility benefits of Argentine citizenship and what prospective applicants should consider as implementation develops.

Learn more

Media mentions

Conexão Ásia: Além da China, profissionais das Filipinas, Índia, Japão e Bangladesh se destacam na imigração laboral asiática para o Brasil

Managing Director Diogo Kloper examines how immigration trends reveal the diverse economic ties between Brazil and Asia and the role of international mobility in supporting business growth.

Learn more

Media mentions

AILA Law Journal: Administrative Proxies in Immigration Adjudication

Partner David Grunblatt examines how USCIS uses administrative proxies in immigration adjudication and explains why these tools must support, rather than replace, statutory standards and individualized legal analysis.

Learn more

Blog post

International Talent in the Netherlands: Building a Talent Pipeline Without Losing Sight of Compliance

Manager Cherida Hooijer and Immigration Assistant Manager Kaatje Droesbeke examine how employers in the Netherlands can build an international student-to-graduate talent pipeline while managing the immigration and employment compliance requirements that apply at each stage.

Learn more

Video

Moving to Costa Rica? Visa and Residency Options Explained

Senior Immigration Program Manager Ana Carro explains Costa Rica's immigration pathways for digital nomads, retirees, individuals with stable income and investors, highlighting key eligibility requirements and considerations for choosing the appropriate option.

Learn more

Media mentions

Business Insider: The Winners and Losers of the New H-1B Era

Partner Catherine Macris discusses how evolving H-1B policies are shaping employers’ ability to recruit foreign talent, particularly in highly specialized fields.

Learn more

Awards

Fragomen Professionals and Employee Network Shortlisted for 2027 TLC Lions Human Awards Europe

Two Fragomen professionals and our BeYou@Fragomen employee network have been shortlisted for the 2027 TLC Lions Human Awards Europe, recognising their contributions to inclusive leadership and a people-centred workplace culture.

Learn more

Awards

Fragomen’s Worldwide Immigration Trends Report 2026 Wins at the FEM EMEA EMMAs

Fragomen is honored with the 2026 FEM EMEA EMMA in the "Thought Leadership - Best Survey or Research Study of the Year" category for its 2026 Worldwide Immigration Trends Report. 

Learn more

Media mentions

Law360: How A New Case Redefines The Birthright Citizenship Battle

Partner Daniel Pierce and Senior Associate Daniel D. Schaeffer examine US birthright citizenship challenges and the implications of recent court rulings for nationwide relief in immigration litigation.

Learn more

Media mentions

Times of India: US Proposes Ending Deference to Past H-1B Approvals; Indians Will Be Disproportionately Impacted

Senior Counsel Mitch Wexler explains how proposed policy changes could increase scrutiny and denial rates for H-1B and other temporary work visa extensions.

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 22, 2026 | 🌐Worldwide: Temporary Government Website Outages Result from Fixes for Internet Security Vulnerability Issue
October 23, 2026 | United StatesBioSpace: As H-1B Visa Changes Keep Coming, Biopharmas Adjust Hiring Approach
October 23, 2026 | 🌐Minimum Salary Changes Announced
October 22, 2026 | NetherlandsNetherlands: New Measures for Addressing Notification Non-Compliance
October 22, 2026 | United StatesUnited States: November 2026 Visa Bulletin – Employment-Based Final Action Dates Advance and Dates for Filing Hold Steady for Most Countries; USCIS to Honor Dates for Filing for Employment-Based Categories
October 22, 2026 | 🌐Worldwide: Temporary Government Website Outages Result from Fixes for Internet Security Vulnerability Issue
October 23, 2026 | United StatesBioSpace: As H-1B Visa Changes Keep Coming, Biopharmas Adjust Hiring Approach
October 23, 2026 | 🌐Minimum Salary Changes Announced
October 22, 2026 | NetherlandsNetherlands: New Measures for Addressing Notification Non-Compliance
October 22, 2026 | United StatesUnited States: November 2026 Visa Bulletin – Employment-Based Final Action Dates Advance and Dates for Filing Hold Steady for Most Countries; USCIS to Honor Dates for Filing for Employment-Based Categories
October 22, 2026 | 🌐Worldwide: Temporary Government Website Outages Result from Fixes for Internet Security Vulnerability Issue
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.