The US Supreme Court held the constitutionality of the Administration's travel restrictions on certain nationals of Iran, Libya, North Korea, Somalia, Syria, Venezuela and Yemen.

On June 26th, the US Supreme Court ruled 5-4 in favor of upholding President Trump's travel ban. The Court found that travel restrictions are justified by national security concerns. The Court found there was no unconstitutional discrimination based on nationality or religion. As a result, nationals of the restricted countries remain subject to travel limitations, unless otherwise exempt or granted a waiver.

The travel restrictions

Nationals of the following countries will remain subject to the travel and visa restrictions:

  1. Iran: No temporary visas except student visas and exchange visitor visas; no permanent or diversity lottery visas.
  1. Libya: No visitor visas; no temporary or diversity lottery visas.
  1. North Korea: No temporary, permanent or diversity lottery visas.
  1. Somalia: Temporary visa applicants subject to stricter scrutiny; no permanent or diversity lottery visas.
  1. Syria: No temporary, permanent or diversity lottery visas.
  1. Venezuela: No visitor visas for officials of designated Venezuelan government agencies. Other visa holders are subject to verification of traveler information. No restrictions on permanent or diversity lottery visas.
  2. Yemen: No visitor visas; no temporary or diversity lottery visas.

Waivers

If a foreign national is subject to the travel ban, he or she may still be able to enter the country by obtaining a waiver. The foreign national must show the entry denial would cause undue hardship, that he or she does not pose a threat to national security and that entry would be in the national interest. Waivers are highly discretionary and normally require the assistance of an immigration attorney.

Exemptions

The travel restrictions do not apply to the following categories of foreign nationals:

  • Green Card holders;
  • Dual nationals traveling on a passport from a non-restricted country;
  • Foreign nationals who already hold a valid US visa; and
  • Foreign nationals who are physically in the US.
     

What employers need to know

The travel restrictions are effective immediately and until the Administration lifts them or removes countries from the list. Thus, employers should take the following measures:

  • Caution employees against unnecessary travel outside of the US.
  • Advise employees who are abroad and have not been previously affected by the ban to return immediately.
  • Take steps to extend any immigration status of employees who might be reaching an expiration date on their visas and advise the employee to avoid travel abroad.
  • Consider sponsoring employees for permanent residence.
  • Advise employees to carry at all times original or legible copies of documents showing their immigration status.

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.