Dinse Brief: Update on Executive Orders on Immigration Effecting Higher Education

To: Clients and Friends of the Firm

You may be getting questions from your campus community about the Executive Order (EO) "Protecting the Nation from Terrorist Attacks by Foreign Nationals” affecting citizens of Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen.   Here are my immediate recommendations with respect to members of your campus community from these countries:

  • All international students in any nonimmigrant status (not just F-1 students), J-1 exchange visitors, and employees on your campus in nonimmigrant status, and applicants for adjustment of status to permanent resident with pending I-485 applicants to adjust status, and their family members, should avoid departing the United States until further notice.   This includes travel to Canada, Mexico and other contiguous territories.  This includes individuals who were born in one of the listed countries and have become citizens of a country not on the list. The EO directs US immigration officials to stop issuing visas and visa renewals at consular posts and to stop travelers at US ports of entry for at least 90 days even if they have unexpired visas and/or unexpired I-94 admission records.  The EO has no direct impact on individuals who are in the United States and remain here.
  • The US Department of Homeland Security has confirmed that the EO does not affect lawful permanent residents who already have green cards unless there is specific information that the individual poses a threat to safety or security.  Permanent residents with green cards should be able to return from travel abroad.  That said, I don’t recommend discretionary travel in this environment so if they can avoid travel abroad, that’s the conservative approach for now. Read More.
Post by Leigh Cole

Post by Leigh Cole