On Jan. 20, the president issued the “Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats” Executive Order (EO) that gives federal agencies a 60-day period to identify countries that may warrant restrictions affecting the ability of foreign nationals to travel to the United States. It did not announce specific travel restrictions.

Key Points:

  • The EO requires that the agencies “re-establish a uniform baseline for screening and vetting standards and procedures, consistent with the uniform baseline that existed on January 19, 2021, that will be used for any alien seeking a visa or immigration benefit of any kind” and vet and screen individuals “to the maximum degree possible.”
  • Over the next 60 days, the agencies must “determine the information needed from any country to adjudicate any visa, admission, or other benefit under the INA [Immigration and Nationality Act] for one of its nationals, and to ascertain whether the individual seeking the benefit is who the individual claims to be and that the individual is not a security or public-safety threat.”
  • The EO also requires a report to be submitted to the president “identifying countries throughout the world for which vetting and screening information is so deficient as to warrant a partial or full suspension on the admission of nationals from those countries pursuant to section 212(f) of the INA (8 U.S.C. 1182(f)).”
  • As of Jan. 21, the government has not announced specific planned changes or travel restrictions, so there are no public details regarding the possible timing or scope of potential future bans, nor whether any exemptions or waivers will be available.

Additional Information: The president has the authority to restrict the entry of foreign nationals or classes of foreign nationals into the United States and may impose additional restrictions deemed appropriate. Previous travel restrictions have been announced without prior warning and affected foreign nationals from specific countries, in certain nonimmigrant visa categories and those with connections to certain foreign institutions or organizations. Restrictions have also included heightened scrutiny and enhanced vetting of visa applicants.

U.S. immigration policies may change quickly and without prior notice. Foreign nationals are reminded to speak with their BAL team prior to international travel and to be aware of general travel requirements, including maintaining a valid visa in their passport. Foreign nationals may face delays in obtaining a visa appointment at a U.S. consulate or embassy or receiving their visa and should plan accordingly. They may also face further delays with U.S. Customs and Border Protection (CBP) during re-entry into the U.S. after travel.

BAL will continue to provide updates as additional information becomes available.

This alert has been provided by the BAL U.S. Practice Group.

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