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 regarding the January 27, 2017, March 6, 2017, and September 24, 2017 Executive Orders restricting entry to the United States of nationals of certain countries, and answers based on current information.



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, 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.  Please note that the Department of State has released a cable that purports to cancel existing visas in passports from the 8 named countries, so you should not travel expecting to use the visa to return.  You should not depart the United States without consulting an immigration attorney or your foreign student advisor. 

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.  However, there have been reports that the United States Citizenship & Immigration Services (USCIS) has suspended adjudication of petitions for immigration benefits filed nationals or citizens of the 8 listed countries.  Accordingly, it is possible that processing of the petition could be delayed.  We will circulate more information as it becomes available.

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.  There have been reports that the USCIS has suspended adjudication of applications for immigration benefits filed nationals or citizens of the 6 listed countries.  Accordingly, it is possible that processing of the application could be delayed.  We will circulate more information as it becomes available

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