In partnership with Carlton Fields, a national law firm that assists entrepreneurial and technology-driven companies with all their business and legal challenges, we have provided you and your entrepreneurs with an update on the latest actions regarding the Trump Administration’s January 27th, 2017 Executive Order.
As it currently stands, the present suspension bans the entry of individuals from 7 Muslim-majority countries for 90 days. Entry into the United States is “business as usual” at this stage as is the processing of nonimmigrant visas (NIVs) such as the B-1 business visitor visa at U.S. Consulates worldwide.
However, because travel into the United States may be restricted in the near future by either a new EO or because of the federal courts’ rulings, it is critical to check the website for the U.S. Customs and Border Protection (USCBP), the U.S. government agency responsible for the inspections process at land ports of entry and airports, before traveling to the United States.
Below are some points to remember when traveling into the United States under the new White House Administration:
- The EO is, as of February 14, 2017, suspended indefinitely by U.S. federal courts and thus there is NO travel ban at this time. U.S. Consulates are issuing nonimmigrant visas, including the B-1 (Business visa) or the B-2 (Tourist visa), and the USCBP is admitting foreign nationals
- The EO does not ban travel into the United States from any country if you are a U.S. citizen traveling with a valid U.S. passport or lawful permanent resident with a valid green card and a valid passport EVEN if traveling from one of the seven barred countries listed in the EO: Iran, Iraq, Syria, Sudan, Somalia, Libya and Yemen.
- Entry into the United States, whether by land, water or air, is subject to an inspection conducted by the USCBP officers at these ports of entry. The USCBP will follow the EOs issued by the White House.
- Check the USCBP website before traveling to the United States as it will have the most current travel restrictions imposed by either the White House through EOs or due to the lifting of the current suspension of the travel ban. Airline websites will NOT have updated or accurate information on possible travel bans into the United States.
- If traveling into the United States, and you are a dual national of a nonbarred country and a barred country, ALWAYS travel into the United States with a valid passport from the non-barred country. Travelers are being treated according to the travel document they present.
- Similarly, if applying for a U.S. B-1/B-2 visa and are a dual national of a non-barred country and a barred country, ALWAYS apply for the B visa using the passport from the non-barred country.
- Be prepared to be questioned at length by USCBP upon entry into the United States if you have traveled to one or more of the barred countries even if traveling on a passport from a non-barred country. Be patient, reverent and responsive to any USCBP inspection process.
- Be prepared to have electronic devices subject to USCBP inspection including but not limited to computers, disks, drives, tapes, mobile phones, and any cameras, music and other media players, or any other electric or digital devices.
- USCBP can select travelers for inspection based on EOs or because a traveler has a name that matches a person of interest in one of the government’s enforcement databases; or you have been selected for a random search.
- Remember that all travel into the United States remains fluid and you should consult the USCBP website before traveling to the United States even if the B visa stamp was issued by the U.S. Consulate. USCBP is the agency that will control your ability to enter the United States.
- Please contact Maria Mejia-Opaciuch if you have any questions.
To contact Maria Mejia-Opaciuch and see the full publication from Carlton Fields, click here.