On Wednesday, June 4, the Trump administration announced a new executive order restricting travel to the U.S. by nationals of certain countries. These restrictions build on the travel bans introduced during the administration’s first term. The new order prohibits travel to the U.S. by nationals of 12 countries: Afghanistan, Burma, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan and Yemen, unless otherwise exempted.
In addition, the executive order imposes targeted visa bans on nationals of seven countries — Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan and Venezuela — by suspending the issuance of B-1 (business), B-2 (tourist), B-1/B-2 (combination), F (student), M (vocational student) and J (exchange visitor) visas. According to the administration, these countries were selected based on high visa overstay rates or concerns related to national security.
The order does not apply to noncitizens currently present in the U.S. In addition, the executive order exempts lawful permanent residents, some dual-nationals, existing visa holders, certain visa categories (such as diplomats and members of international organizations), Afghan special immigrant visa holders and other individuals whose entry is considered to serve U.S. national interests.
Implications for Employers
- Employers should not use the order as a basis for adverse employment actions against nationals of the affected countries. The order does not affect work authorization or lawful status in the U.S.
- Employers should advise employees who are nationals of the affected countries to avoid international travel for the foreseeable future, due to the risk of being unable to return to the U.S.
- Employers should be aware that nationals of the seven partially restricted countries who are currently outside the U.S. will likely be unable to visit the U.S. for business purposes.
- Schools will not be able to enroll students who are nationals of the affected countries who are currently outside the U.S.
Most employers engaged in international recruitment should not expect to hire nationals of the 12 fully restricted countries if those individuals are currently outside the U.S.
