The Questions and Answers provided below are provided as a practical help from knowledgeable experts on the currently understood effects of the recently-issued Executive Order on Immigration. This information covers some frequently asked questions. However, nothing posted here is legal advice to any individual. Legal advice may only be provided by an attorney directly representing an individual client. If you need legal advice, ISSS may be able to help refer you to one.
The following is a series of frequently asked questions and answers regarding the January 27, 2017, March 6, 2017, and September 24, 2017 Executive Orders and the Supreme Court ruling which restrict entry to the United States of nationals of certain countries.



I am a citizen of one of the 8 listed countries and I am already in the United States in a nonimmigrant status (F-1, J-1, H1B, H-4, etc.). Does the Executive Order affect my status in the United States?

If you are already in the United States, your current status is not affected by the Executive Order.  You can remain in the US for as long as your status allows.  However, you are encouraged to speak with a reputable immigration attorney should you wish to travel outside the U.S. and re-enter.  As noted in the Department of State chart, the permissible visas and travel restrictions are different for each affected country and you will want to have the latest information possible prior to any travel.    

I am a citizen of a country not on the list of 8, but I have dual citizenship with one of those countries. Can I travel out of the United States and reenter using my non-immigrant visa (F-1, J-1, H-4, etc.)?

The administration has stated that dual citizens are permitted to travel using passports of a country OTHER than one of the list of 8 countries.  You should expect additional screening upon your return to the United States.  If your nonimmigrant visa is in the passport of one of the listed countries, you should not travel outside the US.

I am a citizen of one of the listed countries, but I am a Canadian Landed Immigrant (not gained as a refugee). Can I travel out of the United States and reenter using my non-immigrant visa (F-1, J-1, H-4, etc.)?

You can travel outside the United States and reenter, but you should expect additional screening upon reentry to the US.

I am a naturalized United States citizen, but I was born in or a citizen of one of the 8 listed countries. Can I travel out of the United States and reenter?

You can travel outside the United States and reenter, but you should expect additional screening upon reentry to the United States.  You should travel only using your US passport.

I am a United States citizen but I visited one of the 8 listed countries in the past. Can I travel out of the United States and reenter?

You can travel outside the United States and reenter, but you should expect additional screening upon reentry to the United States.

I want to apply for H1B after I graduate, and I am a citizen of one of the listed countries. Can my employer file an H1B petition on my behalf?

Your employer can apply for H1B on your behalf.  Should your H1B be granted, you would be able to remain in the U.S. and work under that status. However, depending upon your nationality, you may not be able to travel outside the U.S. and secure an H1B visa to return. 

I am an F-1 student from one of the listed countries. Can I apply for Curricular Practical Training (CPT)?

You can apply for CPT.  This is authorized by the school.  We are not aware of reports of CPT being delayed.

I am an F-1 student from one of the listed countries. Can I apply for Optional Practical Training?

You can apply for OPT.  Applications for the OPT employment authorization document (EAD) are filed with the USCIS. 

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