Foreign National Travel Is Riskier Due to Maximum Visa and Admission Vetting and Restrictive Visa Interview Waiver Criteria

This is not a travel ban but has opened the path to create a travel ban in the future, as he did in his earlier Administration.

Countries Affected

President Trump has not named any countries or regions that he is targeting or restricting. However, he has indicated in this and other executive orders that those traveling to or coming from the following areas may be more closely scrutinized (1) regions and nations with identified security risks; (2) countries where their vetting and screening information is deficient; (3) countries that harm the security, economic, political, cultural or other national interests of the United States; and (4) countries who refuse to accept their nationals who are removed from the United States. Nevertheless, foreign nationals from all countries should plan for travel challenges, including longer visa processing times and scrutiny at the ports of entry (such as US airports and land ports).

Delays Expected

Foreign nationals and employers should plan international travel with caution and with the knowledge that they may be stuck abroad for longer than anticipated while waiting for the “extreme vetting” and visa screening procedure to complete. Further, the risk of denial is now higher due to the great level of discretion now granted to Consular officers.

Scrutiny of What

Consular and border officers have wide discretion to scrutinize foreign nationals in visa applications and at ports of entry. They can question them verbally about the purpose of their trip, their employment circumstances, their financial abilities, and personal relationships. They can look through their cell phones, laptops, tablets, etc. They can review their posts and messages on their social media accounts. They can review documents that are in their possession. They may require fingerprinting.

Scrutiny of Who

Foreign nationals applying for a visa or entry to the United States will be scrutinized under these new enhanced procedures. In addition, foreign nationals already in the United States applying for immigration benefits, such as extensions or changes of status (such as H-1B status), employment authorization, or green cards, will be subject to these increased screening procedures.

Visa Renewals

A visa is a foreign national’s travel authorization. Generally, a foreign national needs a valid visa to enter the United States. There are exceptions, such as those with green cards, those entering through the Electronic System for Travel Authorization (ESTA) program, and those from Canada who are visa exempt. Currently, all foreign nationals must apply for their visas at a US Embassy or Consulate abroad. They cannot apply from within the United States. Thus, international travel is required to obtain or renew a visa. With the “extreme vetting” orders, visa processing times abroad are likely to take longer. If cases are more closely scrutinized, they will take longer to process. This, whereas it would normally take one to two weeks after a visa appointment to get the passport back with the visa in it, now, it may take months, with little explanation as to why or case status.

In addition, the US Department of State recently implemented another change to visa renewal procedures, creating further delays. To help with visa appointment backlogs, the Department of State had expanded the interview waiver program where, in essence, those renewing visas expired within the last 48 months in the same category could skip the in-person interview and renew their visas through mail-in or drop-box procedures. This allowed Consular officers to get through the pile of applicants more quickly. Under a new rule, the interview waiver program is restricted to only those whose visa expired in the last 12 months (instead of 48). Thus, many more applicants will now have to wait for in-person interview slots to be available before they can renew their visas, including common work visas like H-1B’s and L-1’s. Foreign nationals should book their visa appointments well in advance of their anticipated travel dates to increase their chances of obtaining timely visa appointments.

Refugee Restrictions

The executive order may also form the basis for suspension of certain visa categories in the future. It states that within 30 days from the date of the Order, specified federal agencies must evaluate and adjust all existing regulations, policies, or guidances pertaining to the grounds of inadmissibility to ensure that refugees or stateless individuals are prevented from admission to the United States without stringent identification verification.

Conclusion

Foreign nationals and employers should plan their international travel well in advance, and foreign workers should not leave the United States with expired visas unless they have already booked their visa renewal appointments.  Foreign nationals should book their appointments at the beginning of their trips so as to leave as much time as possible after the appointment for extended visa processing times. They should review their applications before the interview so the are prepared to answer questions relevant to their category of stay. All international travel by foreign workers should be coordinated with Human Resources and Legal Counsel to ensure that everyone is prepare and is aware of the potential timeline and risks.

If you have any questions about this or related immigration topics, please reach out to Berin Romagnolo or Nancy Noonan.