NEW Executive Order

NEW Executive Order

Published: Mar 8, 2017

On Monday, March 6, United States President Donald Trump signed a new Executive Order on immigration that revises his initial order in January that banned immigrants from seven countries.

The new 6,100-word Executive Order takes effect 12:01 a.m. on March 16 - ten days from its signing - and contains specific differences, including:

Now impacts six countries, not seven

The new measures will block citizens of six countries - Syria, Iran, Libya, Somalia, Sudan and Yemen - from obtaining visas for at least 90 days. (The nation of Iraq, which was part of the original executive order, has been removed from the list.) The indefinite ban on Syrians is lifted under the new travel ban and they will now be subject to the same 90-day ban on travelers and 120 days for refugees.

Visa holders not subject to new order

The new Executive Order now allows people who held visas from Iran, Syria, Libya, Sudan, Somalia and Yemen, as of March 16, to remain in the U.S. while their visas are valid. Green card holders are also not subject to the new order.

Visas currently valid will remain valid

The new Executive order also says all visas that are currently valid will remain valid, including those from nationals of the six countries covered by Monday's order.  Visas that would have been revoked under the January 27 order will also remain valid.

NEI Recommendations

Clients with affected employees should please consider the following:

  • Identify all of your employees who hold citizenship from those listed countries and who are in the United States or have plans for travel to or from the United States, which may also include individuals hired locally or cross-border commuters from Canada or Mexico to the United States. These groups of employees may not fall under your mobility team and could likely be identified in partnership through your corporation's team responsible for I-9 collection compliance.
  • Reach out to your employees identified as being possibly impacted to review any pending travel.  Confirm they are aware and understand the new Executive Order signed March 6 and, when possible, recommend they consider the impact of travel and potentially continue to stay in the United States until the ban has been lifted.  When travel is required, such as for renewal of visa, advise that longer wait and processing times would be expected.

It is possible that legal challenges, as with the first Executive Order, may be forthcoming.  NEI will continue to monitor the situation and provide updates as information becomes available.