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Executive Order on Immigration

Please visit this page for recent updates and guidance on new Presidential executive orders relating to your immigration status at UD and in the US. OISS is working with our campus partners and professional associations to assess this information as it continues to develop. We will make sure to communicate accurate guidance to the UD international community as soon as possible.

We are also here to remind you that, as always, you are among friends at a University that respects and truly values the diversity and unique presence that you and others bring. We remain passionately committed to the belief that our humanity brings us together and that our differences make us stronger. You can read UD President Assanis' statement on the January 27 Executive Order here.

If you have any questions, please do not hesitate to contact OISS for assistance.



April 20, 2017

"Buy American and Hire American" Executive Order

On April 18, 2017, the president signed the "Buy American and Hire American" Executive Order which directs federal agencies to propose tougher eligibility standards for the H-1B and other employment-based immigration programs. The executive order states that government agencies shall, “as soon as practicable, suggest reforms to help ensure that H-1B visas are awarded to the most-skilled or highest paid petition beneficiaries." However, the executive order does not enact any definitive change in the H-1B visa program since the proposed changes would likely require new legislation or regulations. OISS continues to monitor the situation and will post any new updates on this page.

If you have any questions or concerns, please do not hesitate to contact our office at any time. More details can also be found on the NAFSA Association of International Educators website.



March 15, 2017

Travel Ban Temporarily Blocked

A federal district judge in Hawaii has issued a nationwide temporary restraining order (TRO) that prohibits the U.S. government from enforcing an executive order that sought to suspend the entry of many nationals of Iran, Libya, Somalia, Sudan, Syria and Yemen and refugees from all countries. The entry suspensions were set to be implemented at 12:01am EDT on Thursday, March 16, but are now on hold.

The TRO means that foreign nationals who would have been subject to the executive order should be able to apply for visas and enter the United States provided they are otherwise admissible. However, since the situation remains highly fluid, our conservative recommendation for individuals from those six countries is to refrain from traveling outside of the United States.

OISS continues to monitor the situation and will post any new updates on this page. If you have any questions or concerns, please do not hesitate to contact our office at any time.



March 6, 2017

New Travel Ban Announced

On March 6, 2017, the White House announced a new travel ban impacting nationals and citizens of six countries: IRAN, LIBYA, SOMALIA, SUDAN, SYRIA, AND YEMEN, effective as of 12:01 AM EDT on March 16, 2017. The Executive Order (EO) excludes Iraq from the original list of countries, although travelers from Iraq may experience longer delays in visa issuance.

This EO affects only those from the 6 countries who are currently outside the U.S. and do not have a valid U.S. visa.

For foreign nationals from one of the six restricted countries who are currently in the United States, traveling internationally is highly inadvisable under current circumstances. Please consult with an OISS advisor if you have any questions.

Foreign nationals who are not from one of these countries planning to travel outside of the U.S. should make sure they have the necessary travel documents and valid visa before departing from the U.S. Always check with OISS whenever in doubt.

This new EO DOES NOT APPLY to:

  • Lawful permanent residents of the United States (“green card” holders);

  • Any foreign national who has a document OTHER than a visa, valid on March 16, 2017 (or issued thereafter), that permits him or her to travel to the United States and seek entry or admission (e.g., an Advance Parole document);

  • Any dual national of a designated country when traveling on a passport issued by a non-designated country;

  • Any foreign national traveling on designated diplomatic visas; OR

  • Any foreign national who has been granted asylum, any refugee who has already been admitted to the United States, or any individual who has been granted withholding of removal, advance parole, or protection under the Convention Against Torture. Waivers of the travel ban may be available on a case-by-case basis.
  • OISS continues to monitor the situation and will post any new updates on this page. If you have any questions or concerns in the coming days, please do not hesitate to contact our office at any time.

     


    February 13, 2017

    Forum on the Executive Order-- Recordings available online

    Recordings of the two-session open forum on the Executive Order can now be heard online. Session one, an information session, was led by Goldblum & Pollins' Kristen Repyneck Dennis. Session two, an academic forum, featured:

  • Kassra Oskooii (Political Science & International Relations)
  • Stuart Kaufman (Political Science & International Relations)
  • Ikram Masmoudi (Languages, Literatures and Cultures)
  • Paul Brewer (Communication)
  • Scott Stevens (English Language Institute)
  • Janica Cimo (Office for International Students & Scholars)
  • Kristen Repyneck Dennis (Goldblum & Pollins)

     

     


    February 10, 2017

    Travel ban remains lifted, but caution advised

    On February 9 a Federal appeals court did uphold the decision to suspend the travel ban. Individuals from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen are able to enter the U.S. We remind you that the situation continues to be highly fluid and could still change at any moment. Our conservative recommendation for individuals from these seven countries is to refrain from traveling outside of the United States. UD students and scholars who are currently outside of the United States are reminded to check in with OISS and to remain cautious when making travel plans.

    For more details, please visit NAFSA's travel advisory page. As always, those with questions or concerns are welcome to contact OISS by phone at (302) 831-2115 or by email at oiss@udel.edu.

     


    February 4, 2017

    Executive Order temporarily overturned

    On Friday, Feb. 3, a federal judge in Washington issued a ruling that overturned the Executive Order nationwide. While reports indicate that U.S. Customs and Border Protection have instructed airlines to board travelers as usual, not all issues surrounding the travel ban have been immediately resolved. We therefore strongly recommend against any travel outside the U.S. for individuals from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen until we receive more information on the issue. USCIS has released a statement suggesting that they will resume adjudication of petitions and applications filed by or on behalf of individuals from the designated countries.

    If you are a foreign national from one of the seven restricted countries and are currently in the United States, traveling internationally is highly inadvisable under current circumstances. If the Government obtains an emergency stay of the Temporary Restraining Order and the executive order is reinstated, you may be unable to return to the United States for the duration of the entry ban.

    If you are a foreign national from one of the seven restricted countries and are outside the United States, contact OISS ASAP before traveling or making plans to travel to the United States. We will work with our immigration counsel to advise you accordingly. Traveling remains risky. If the Government obtains an emergency stay of the Temporary Restraining Order, the entry ban may once again be in effect when you land at a U.S. port of entry and you may not be admitted.

     


    February 2, 2017

    Important Update: No current plans to expand travel ban beyond current countries

    According to the University's immigration counsel, there is no addendum, annex, or amendment now being worked on to expand visa revocations or the travel ban to countries other than those currently implicated in the Executive Order. This includes Colombia and Venezuela, which have been widely rumored to be under consideration. The Department of State and the American Immigration Lawyers Association (AILA) have confirmed that there is no information that supports such a rumor at the moment.

    However, entry to the U.S. by nonimmigrant and immigrant visa holders bearing passports from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen is still barred. US citizens and lawful permanent residents are not subject.

    Please contact OISS if you have any questions about travel outside the U.S.

     


    January 30, 2017

    On Friday, January 27, 2017, a Presidential executive order was signed to prohibit foreign nationals from Iran, Iraq, Libya, Somalia, Sudan, Syria or Yemen from entering the United States for 90 days. The order was put in place immediately and resulted in some level of confusion at U.S. ports of entry and abroad. The U.S. government has since provided some limited guidance on the implementation of the executive order, and federal courts have issued orders that limit the ban to some extent. Please be aware that policies are not being implemented consistently on the ground, and that the situation may change at any time.

    Below is a summary of the latest updates provided by the University’s immigration counsel, Goldblum & Pollins Immigration Law, regarding the implementation of the Order for those abroad and in the United States:

      Foreign Nationals in the U.S. from the designated countries:

    • Refrain from traveling internationally. If emergency travel is necessary, it is recommended to consult with an immigration attorney if you plan to re-enter the US.
    • Be aware that reports indicate that US Citizenship & Immigration Services has suspended adjudication of immigration benefits sought by individuals from the specified countries.

      Foreign Nationals outside the U.S. from the designated
      countries:

    • Nonimmigrant visa holders (e.g., F, J, H, O): It is likely that you will be denied boarding of flights, and may find that your visa has been revoked.
    • Visa Applicants: US Consular offices are cancelling scheduled visa interviews and issuance of visas to individuals from the designated countries.
    • Lawful Permanent Residents (LPRs or Green Card holders): According to the DHS press release issued on January 29, 2017, LPRs who are nationals of the specified countries will be permitted to return to the United States. Please consult with an immigration attorney to discuss how and where to seek re-entry to the US. Expect significant delays in secondary inspection, and be mindful of your social media activity, as reports indicate Customs & Border Officers have requested to see such accounts. Returning LPRs should not automatically surrender their green cards if asked to do so. Form I-407 must be signed voluntarily. An LPR who refuses to sign Form I-407 will be issued a Notice to Appear (NTA) so that an immigration judge can determine whether they have lost their LPR status.

      Foreign Nationals of ALL OTHER countries outside the U.S.:

    • The Visa Interview Waiver Program has been immediately suspended. Previously, some visa holders were permitted to renew their visas without appearing at the U.S. Embassy for an interview. This program has now been suspended. Please note that The Visa Waiver Program is still in place as it has been.
    • Expect significant delays and changed procedures at all US Consular Offices. You should allow plenty of time for visa processing as interview wait times are expected to increase significantly. You can review the appointment and processing times at the Department of State’s website.
    • Expect that Visa Interview appointments will become more difficult to obtain, delaying travel plans and your re-entry.
    • Be aware: The list of designated countries may be expanded following review by the Secretaries of State and Homeland Security.

     

    The Office for International Students and Scholars continues to monitor the situation regularly and will post any new updates on this page. If you have any questions or concerns in the coming days, please do not hesitate to contact our office at any time.

     


    January 28, 2017

    The new Presidential executive order that was signed yesterday imposes a temporarily ban, for a period of at least 90 days, on entry to the United States for foreign nationals from seven countries: Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen. While we are still assessing the complete nature of this order’s implications, we offer you with some immediate guidance below.

      For citizens of Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen:

    • If you are currently outside of the United States, please email OISS immediately at oiss@udel.edu to let us know your current location.
    • If you are currently in the United States, we recommend that you refrain from any international travel for the forseeable future.  
    • We also advise that you and your family members carry a valid form of identification with you at all times.

     

    Please also know that the Office for International Students & Scholars continues to monitor the situation regularly and will communicate with you individually as soon as additional updates are available. If you should have any questions or concerns in the coming days, please do not hesitate to contact our office at any time.

    We can be reached by phone at (302) 831-2115 or by email at oiss@udel.edu. The Center for Counseling & Student Development also offers resources to those seeking support and can be reached by calling (302) 831-2141 during normal business hours.

    For more information on the Executive Order, please see NAFSA's Travel Advisory.

     


    January 27, 2017

    Dear international students & scholars,

    You may have heard that President Trump signed an additional executive order relating to U.S. immigration enforcement. Until full text of this order is released, we do not know its implications.

    Please know that the Office for International Students & Scholars continues to monitor the situation regularly and will communicate with you as soon as updates are available.

    If you should have any questions or concerns in the coming days, please do not hesitate to contact our office at any time. We can be reached by phone at (302) 831-2115 or by email at oiss@udel.edu.

    As always, it is a privilege to serve you.

    Sincerely,

    Ravi Ammigan, Director


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