United States: Immigration-Related FAQs In Response To President Trump's Recent Executive Orders, As Of February 2, 2017

Seyfarth Synopsis: This Management Alert addresses Frequently Asked Questions (FAQs) from employers and foreign nationals regarding President Trump's recent Executive Order on immigration.  

1.  I'm not from one of the listed countries but have international travel planned. Is there anything I should know or do?

If you are not from one of the listed countries and you have an unexpired visa stamp (or if you are Canadian and do not require a visa stamp), the Executive Order will not affect your ability to travel.  If you do not have an unexpired visa stamp and plan to apply at a U.S. Embassy or Consulate abroad, you should anticipate visa appointment backlogs when scheduling your appointment.  In addition, we expect that Consular officers will screen visa applicants more thoroughly and will not hesitate to place visa applications under administrative processing, particularly if the applicant possesses a degree in an academic field that is on the government's Technology Alert List, including degrees in Nuclear Engineering, Chemical Engineering, Biomolecular Engineering, and Cybersecurity.

2.  I'm currently traveling internationally but I am not from one of the listed countries.  Is there anything I need to be aware of about returning to the U.S.?

Similar to the above, despite your country of birth and/or your current citizenship, you must  be prepared for delays when entering into the U.S. Please make sure you are carrying and presenting all of the necessary documents for admission in your visa category.  In addition, we are hearing reports of Customs and Border Protection officers asking to search phone contacts and social media information.  Please keep this in mind as you plan your travel and enter the U.S  Specifically, if you have a connecting flight after your initial entry into the U.S., allow additional time between those flights to get through the Customs and Border control screening process. 

 3.  I already have a "Drop-Box" confirmation; can I still use the Drop-Box?

Although we have heard reports from various U.S. Embassies and Consulates (specifically, those in the UK, Canada, and India) that the "Drop-Box" visa applications are still being honored, you should not rely on using the Drop-Box option and should make an appointment with a U.S. Embassy or Consulate, as the Drop-Box program can be suspended without notice.

4.  Does this Executive Order affect U.S. domestic travel?

No.  There are no rules prohibiting travel within the United States.  However, please note, you are required to carry proof of your lawful status in the U.S. at all times.  If you are traveling domestically, you should have proof of status with you.

5.  I am planning to travel abroad and will have a visa stamping appointment at the Consulate.  Do I need to take any additional paperwork with me my visa interview?

At this time there are no changes to the documents required.  Here is the list of paperwork you should bring:

1. Current passport valid for at least 6 months (bring extra photocopy of ID pages) 

2. Expired passports (containing previous U.S. visas and entry stamps)

3. Appointment Confirmation Letter (print out of the confirmation of your visa appointment)

4. DS-160 Confirmation Page (form completed online prior to appointment)

5. Receipt for payment of visa application fee (fee paid for the DS-160)

6. Extra passport-type photograph

7. I-797 Approval Notice (original and copy)

8. Full copy of Nonimmigrant Petition

9. Recent employment verification letter

10. Recent pay statements

Any spouse and/or child who will be applying for a dependent visa stamp with you will need their supporting documentation, in addition to your marriage certificate and/or your child(ren)'s birth certificate.

6.  If I already have a nonimmigrant visa and I am a dual citizen of one of the seven countries as well as a third country, will I be eligible to enter the U.S.?

If you already have a nonimmigrant visa and you are a dual citizen, you may be eligible to enter the U.S. 

Customs and Border Protection issued a FAQ stating, "Travelers are being treated according to the travel document they present.  For example, if they present a Canadian passport, that is how they are processed for entry."  However, we cannot confirm whether Customs and Border Protection is applying this position uniformly and it is possible that you can be denied entry.  We advise limiting international travel due to the "extreme vetting" and long processing delays at the ports of entry, even for dual nationals.

7.  I am a U.S. Permanent Resident. Does the Executive Order impact me if I am from one of the banned countries?

According to a Department of Homeland Security summary of the Executive Order, U.S. Permanent Residents will be allowed to board U.S. bound aircraft and will be assessed for exceptions at arrival ports of entry, as appropriate.  Department of Homeland Security has deemed the entry of U.S. Permanent Residents as in the national interest and projects "swift entry" for these individuals.  In spite of this guidance, U.S. Permanent Residents from one of the banned countries should expect long delays and "extreme vetting" at the U.S. port of entry.

8.  I am a U.S. Permanent Resident with dual citizenship from a banned country.  Does the Executive Order impact me?

As above, according to a Department of Homeland Security summary of the Executive Order, U.S. Permanent Residents will be allowed to board U.S. bound aircraft and will be assessed for exceptions at arrival ports of entry, as appropriate.  Department of Homeland Security has deemed the entry of U.S. Permanent Residents as in the national interest and projects "swift entry" for these individuals.  In spite of this guidance, U.S. Permanent Residents from one of the banned countries should expect long delays and "extreme vetting" at the U.S. port of entry.

9.  Does the Executive Order impact my green card case that is currently in process if I am from one of the banned countries?

Yes. The Executive Order does impact all cases that are pending with USCIS.  USCIS announced that they will stop processing cases for applicants from one of the banned countries until they have received clearance to resume processing the cases. Note, this does not mean that your case will be rejected and/or denied, but rather, held in abeyance until USCIS is able to proceed with the adjudication of your application.

10.  Does the Executive Order impact my green card case that is currently in process if I am NOT from one of the banned countries?

No. The Executive Order does not impact your application.  Of course, because of all of the changes that have taken place over the past few days, it is likely that there may be some delays in processing, but, overall, your case should not be impacted and you will continue to remain eligible for all of the rights and benefits associated with filing for your Adjustment of Status Application (I-485).

11.  Does the Executive Order impact petitions to extend nonimmigrant status such as an H-1B or my ability to apply for a green card and/or renew my EAD  if I am not from one of the banned countries?

No. If you are not from one of the listed countries, you may continue to renew/extend your nonimmigrant visa status (H-1Bs, L-1s, TNs, E-3s, F-1s, etc.) and your Employment Authorization (EAD) and Advance Parole (AP) documents. 

Likewise, as long as your priority date is "current" or your priority date falls under the "Eligible to File" category on the Department of State's monthly visa bulletin, you may continue to file for the final stage of your green card -- the Adjustment of Status Application (I-485).

Note, while the petitions and applications will continue to be accepted, we expect that the processing times across the board (Department of State, Department of Labor, and USCIS) will increase. Although the processing times will likely inconvenience you, they will not hinder your ability to continue working and/or residing in the United States.

12.  I heard that there is an additional Executive Order related to other employment
       immigration benefits (H-1B and H-4).  How does it affect me?

There is speculation of an additional Executive Order; however, unless or until the President finalizes and signs the order, we will not know the impact.

We will continue to monitor the situation and will send further communications to the impacted populations if changes are officially announced.

13.  How does this impact the upcoming H-1B lottery?

The H-1B lottery will proceed as planned.  However, it has been reported that USCIS has taken the position that all pending immigration benefits applications on behalf of nationals of the affected countries within the U.S. will be suspended indefinitely as a result of the Executive Order.  It is unclear how USCIS will handle H-1B cap petitions filed on behalf of citizens/nationals of one of the affected countries.

14.  Will other countries be added to the list of banned countries?

At this time, it is not clear which, if any, other countries the President will add to the list of banned countries.  However, it is possible that the President will add the remaining countries from the Bush administration's National Security Entry-Exit Registration System ("NSEERS"), which also included: Afghanistan, Algeria, Bahrain, Bangladesh, Egypt, Eritrea, Indonesia, Jordan, Kuwait, Lebanon, Morocco, North Korea, Oman, Pakistan, Qatar, Saudi Arabia, Tunisia, and United Arab Emirates.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

In association with
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement

Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of www.mondaq.com

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at enquiries@mondaq.com.

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.