Executive Orders - Information and Guidance

This page provides information and guidance on the Executive Order, Protecting the Nation from Foreign Terrorist Entry to the United States, issued March 06, 2017.

NEW: Update on June 26, 2017

The initial EO issued on January 27, 2017 was blocked by the Courts and replaced by a new one on March 6, 2017. Please note that the situation regarding this Executive Order is continuously evolving so please contact a Reves Center advisor or an immigration attorney for the most up-to-date guidance.

About the Executive Order: President Trump issued a new Executive Order on Monday, March 6, 2017. This Executive Order bars for 90 days entry to the US for non-immigrants of Iran, Libya, Somalia, Sudan, Syria, Yemen; suspends the refugee program for 120 days; and requires visa interviews for all applicants; among other provisions. ​This is one of several executive orders recently published. 

Statement by President Reveley: In response to the initial Executive Order, W&M President Reveley issued a statement to the W&M community, supporting in particular, members of our international community.

Update (March 15, 2017): On March 15, 2017, US District Court Judge Watson issued a temporary restraining order that blocks the entry (travel) ban of Executive Order. This has opened up the possibility of travel for nationals of the 6 countries. We are hopeful for the members of our international community that this will hold but still advise that they be cautious about international travel at this point and contact us prior to making plans to leave the US, even for a short visit. 


Update (June 26, 2017): On June 26, 2017, the US Supreme Court made some changes to the temporary restraining order, and decided that the Executive Order banning travel may not be enforced against foreign nationals who have a “credible claim of a bona fide relationship with a person or entity in the United States.” This means that members of the William & Mary and VIMS international community should be able to travel to the US, but may need supporting documentation from William & Mary or VIMS. We recommend that international community members from the 6 countries contact us before making plans to travel.

The Supreme Court has not made a final ruling on the Executive Order, but will hear arguments in October and may make a final ruling by December.

FREQUENTLY ASKED QUESTIONS REGARDING JANUARY 27 EXECUTIVE ORDER RESTICTING ENTRY TO THE US OF NATIONALS OF CERTAIN COUNTRIES
(last updated June 27, 2017)


The Questions and Answers below are provided as practical help from knowledgeable experts on the currently understood effects of the recently-issued Executive Order on Immigration.   This information covers some frequently asked questions. However, nothing posted here is legal advice to any individual.  Legal advice can only be provided by an attorney directly representing an individual client.  If you need legal advice,  the Reves Center can help refer you to one.

 The following is a series of Frequently Asked Questions regarding this Executive Order, and answers based on current information (as of June 27, 2017):

FAQs

1. Does the order impact international students who are citizens of countries not on the list of 6 countries?

ANSWER:  Citizens of other countries are not impacted by the ban on entry, unless you are a dual citizen of one of the 6 listed countries, you were born in one of those countries, or you have traveled to one of those countries. 

2. I am a citizen of one of the 6 listed countries and I am already in the United States in a nonimmigrant status (F-1, J-1, H-4, etc.). Does the Executive Order affect my status in the United States? 

ANSWER:  If you are already in the United States, your current status is not affected by the Executive Order.  You can remain in the U.S. for as long as your status allows.  You should not depart the US without consulting an immigration attorney or your foreign student advisor. 

3. I am a citizen of one of the 6 listed countries. I am outside the United States, and I would like to travel to the United States to attend school, work, or conduct a lecture at William & Mary or VIMS. Can I do that?

Yes. You will need to travel with supporting documents to confirm your relationship with William & Mary or VIMS. We recommend that you contact the Reves Center for guidance before traveling.

  • International Students: A letter from the registrar confirming that you have been admitted to W&M or VIMS, and confirming the date that your academic program will begin. You should also have a valid I-20 (for F-1 status), DS-2019 (for J-1 status), and if enrolled for the coming semester, a course listing of classes you will take.
  • Faculty and Staff: A letter from the Reves Center or other authorized individual confirming that the faculty/staff member is employed by the institution and is coming to the US to undertake (or resume) employment.  If there is an employment contract or appointment letter, you should carry that as well, and copies of recent paystubs (for existing employees).
  • Invited Lecturers or Presenters: A letter of invitation from the institution formally inviting and outlining the terms of the presentation, lecture, performance, etc. and any remuneration that will be provided in terms of honorarium and/or reimbursement of expenses.

4. I am a citizen of a country not on the list of 6, but I have dual citizenship with one of those countries. Can I travel out of the U.S. and reenter using my non-immigrant visa (F-1, J-1, H-4, etc.)?

ANSWER:  If you are a dual citizen, you are permitted to travel using passports of a country OTHER than one of the list of 6 countries.  You should expect additional screening upon your return to the US.  If your nonimmigrant visa is in the passport of one of the listed countries, you should not travel outside the U.S. , unless you are prepared to apply for a visa in your other passport.

5. I am a citizen of a country not on the list of 6 countries, and I am not a dual citizen of any of those countries.

ANSWER:  The Executive Order does not restrict travel by citizens of countries other than those on the list of 6 countries.  However, if you have traveled to one of the 6 listed countries in the past, you should expect additional screening.

6. I am a citizen of one of the listed countries, but I am a Canadian Landed Immigrant.  Can I travel out of the U.S. and reenter using my non-immigrant visa (F-1, J-1, H-4, etc.)?

ANSWER:  You can travel if you have a valid visa.  If you need to obtain a new visa, you will need to qualify for a “waiver” on the grounds stated in the EO.  The procedure for requesting a waiver has not been released, but will likely cause delays in processing.  Approval is not guaranteed.  Applicants for waivers should plan for extended time outside the U.S. for waiver processing. 

7. I am not a citizen of one of those countries, but I traveled to one of those countries in the past. Can I travel out of the U.S. and reenter using my non-immigrant visa (F-1, J-1, H-4, etc.)? 

ANSWER:  You can travel outside the U.S. and reenter, but you should expect additional screening upon reentry to the U.S.

8. I am a naturalized U.S. citizen, but I was born in or a citizen of one of the 6 listed countries. Can I travel out of the U.S. and reenter?

ANSWER:  You can travel outside the U.S. and reenter, but you should expect additional screening upon reentry to the U.S.  You should travel only using your U.S. passport. 

9. I am a naturalized U.S. citizen not born in one of the 6 listed countries. Can I travel out of the U.S. and reenter?

ANSWER: You can travel outside the US and reenter.

10. I am a U.S. citizen but I visited one of the 6 listed countries in the past. Can I travel out of the U.S. and reenter?

ANSWER:  You can travel outside the U.S. and reenter, but you should expect additional screening upon reentry to the U.S.

11. I am a legal permanent resident (green card holder) of the United States, but I was born in or a citizen of one of the listed 6 countries. Can I travel out of the U.S. and reenter?

ANSWER:  You can travel outside the U.S. and reenter.  You should expect additional screening upon reentry to the U.S.

12. I am a legal permanent resident (green card holder) of the United States. I was not born in or a citizen of one of the 6 listed countries, and I have never visited any of the 6 listed countries. Can I travel out of the U.S. and reenter?

ANSWER:  You can travel outside the U.S. and reenter. 

13. Is there anything in the order that impacts foreign nationals who do NOT have ties to the 6 countries? 

ANSWER: Yes.  The EO eliminated the ability for certain people renewing a nonimmigrant visa to skip the interview process.  In the past, some applicants for nonimmigrant visas were able to skip an in person interview at the Consulate if they were applying to extend an existing visa.  Under the EO, the circumstances under which a waiver of the interview may be granted are now more limited.  However, the State Department has confirmed that the interview waiver program still applies to applicants aged 14 and under and 79 and older.  They have also confirmed that it still applies to applicants who were issued visas that expired less than 12 months ago in the same category as they are currently seeking.  Individual consulates always reserve the ability to require an interview, even for individuals otherwise eligible for a waiver of the interview.  Travel plans should be made accordingly. 

14. I want to apply for H-1B after I graduate, and I am a citizen of one of the listed countries.  Can my employer file an H-1B petition on my behalf?

ANSWER:  Your employer can apply for H-1B on your behalf. 

15. I want to apply for H-1B and I am a dual citizen of one of the listed countries. Can my employer file an H-1B petition on my behalf?

 ANSWER:  Your employer can apply for H-1B on your behalf. 

16. I want to apply for H-1B after I graduate and I am not a citizen (or dual citizen) of one of those countries.

ANSWER:  Your employer can apply for H-1B on your behalf. 

17. I am an F-1 student from one of the listed countries.  Can I apply for Curricular Practical Training (CPT)?

ANSWER:  You can apply for CPT.  This is authorized by the school.  There is no indication that the US CIS will suspend immigration benefits pursuant to this Executive Order.

18. I am an F-1 student from one of the listed countries.  Can I apply for Optional Practical Training?

ANSWER:  You can apply for OPT.  Applications for the OPT employment authorization document (EAD) are filed with the US CIS.  There is no indication that the US CIS will suspend processing of immigration benefits pursuant to this EO. 

19.  I have heard that the new president will revoke the STEM extension of Optional Practical Training (OPT) for F-1 students.  If I do not have any ties to any of the 6 countries, will my STEM extension be delayed?

ANSWER:  STEM extensions of OPT are still available and were not part of any signed Executive Orders.