Executive Order Impacting Travel Visa and Other Travel Restrictions

President Trump’s Executive Order issued on January 20^th entitled “PROTECTING THE UNITED STATES FROM FOREIGN TERRORISTS AND OTHER NATIONAL SECURITY AND PUBLIC SAFETY THREATS” emphasizes enhanced security screening and vetting for foreign nationals seeking visas, entry into the United States, or other immigration benefits.

Key Provisions and Expected Outcome

1. Enhanced Vetting and Screening

The executive order requires the re-establishment of stringent screening protocols, mirroring practices from the first Trump administration. Employers sponsoring foreign nationals should anticipate:

• • Longer processing times: Enhanced vetting could delay visa issuance for H-1B, L-1, and other employment-based categories.

Reference: “The Secretary of State, in coordination with the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence, shall promptly… vet and screen to the maximum degree possible all aliens who intend to be admitted, enter, or are already inside the United States.” (Sec. 2(a)(iv))

• • Increased scrutiny of credentials: Foreign Nationals may be asked to provide additional documentation to substantiate the qualifications for specific visas and significant background information to clarify any security and public safety concerns.

Reference: “The Secretary of State, in coordination with the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence, shall promptly…Determine the information needed from any country to adjudicate any visa, admission, or other benefit under the INA… and that the individual is not a security or public-safety threat.” (Sec. 2(a)(ii))

2. Country-Specific Travel Restrictions

Within 60 days, the administration will identify countries with inadequate and “deficient” vetting procedures. While not guaranteed, such action has previously led to travel bans or admission restrictions for nationals of these countries. Additionally, the executive order notes that this may be the outcome of such an investigation.

• • Unpredictability in workforce planning: Sudden travel bans or restrictions could disrupt hiring strategies and ongoing operations.

Reference: “Within 60 days of the date of this order, the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence shall jointly submit to the President, through the Assistant to the President for Homeland Security, a report…Identifying countries throughout the world for which vetting and screening information is so deficient as to warrant a partial or full suspension on the admission of nationals from those countries…” (Sec. 2(b)(i))

• • Potential compliance risks: Businesses will need to closely monitor updates to ensure adherence to any new restrictions.

Reference: “…The Secretary of State… shall also evaluate and adjust all existing regulations, policies, procedures… to ensure the continued safety and security of the American people….” (Sec. 3(a))

3. Visa Program Evaluation

A comprehensive review of all visa programs is underway to prevent misuse by “hostile actors”. This may lead to programmatic changes, including tightened eligibility criteria or revised adjudication procedures, directly impacting:

• • H-1B and STEM OPT programs: Particularly critical for technology firms and other industries reliant on highly skilled foreign labor.

Reference: “As soon as possible, but no later than 30 days from the date of this order, the Secretary of State, in coordination with the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence, shall also…Evaluate all visa programs to ensure that they are not used by foreign nation-states or other hostile actors to harm the security… of the United States.” (Sec. 3(c))

• • Global mobility: Increased challenges in transferring employees across international offices.

Preventive and Actionable Measures

USILAW recommends that employers who are or will be sponsoring foreign nationals take the following actions:

1. Proactively review compliance frameworks to align with enhanced screening and vetting requirements.

2. Prepare for potential disruptions by tapping into various talent pools or leveraging alternative work location arrangements for impacted employees.

3. Engage in scenario planning for possible travel bans, including revising travel and relocation policies.
4. Maintain frequent communication with legal counsel to stay informed of regulatory changes and ensure ongoing compliance.