As you are likely aware, yesterday the Supreme Court announced that it will hear the government's appeal of two cases challenging President Trump's " travel ban" when it reconvenes in October. In the meantime, the Court issued a temporary stay on parts of the injunction which has prevented implementation of the ban.

  

The Supreme Court has upheld the injunction in part, but will allow the Administration to implement the 90-day travel ban against foreign nationals from Iran, Libya, Somalia, Sudan, Syria and Yemen who do not have "a credible claim of a bona fide relationship with a person or entity in the United States." Examples of a bona fide relationship are: a close familial relationship with someone in the United States; or a formal, documented relationship with an American entity (such as a college or university, an employer, or an invitation to lecture), wherein the foreign national can show that such relationship was not formed specifically to circumvent this ban. 

Please note that other parts of the Executive Order which will be implemented include the 120 day ban on refugee processing for individuals from the 6 countries without close familial ties already in the U.S., as well as the review of information provided by other countries for security and public safety checks. 

  

We expect that the partial implementation of the travel ban will primarily impact travelers seeking to enter the U.S. as visitors, but who have no ties to the U.S.  Implementation of the partial ban and evaluation of what constitutes a bona fide relationship with a person or entity in the United States will likely be left up to the discretion of State Department Consular Officers and Customs and Border Protection Officers at ports of entry. We expect this may cause confusion and delays in visa processing for individuals from these countries over the course of the summer.

  

If you have questions about how the partial travel ban may affect you or your employees, please contact our office.