On June 26, 2017, the Supreme Court partially lifted the injunctions granted by the Fourth and Ninth Circuits on President Trump’s second Executive Order commanding a temporary travel ban. The Supreme Court narrowed the application of travel ban, which will now only apply to nationals from the six designated countries “who lack any bona fide relationship with a person or entity in the United States.”

Department of State (DOS), the agency responsible for issuing visas at U.S. consulates, has been responsible for drafting the majority of government guidance on implementation, and we anticipate the largest impact to be on those processing visas abroad.  DOS has now provided initial guidance on what they will consider to be a “bona fide relationship.”  For business ties the relationship must be “formal, documented and formed in the ordinary course rather than for the purpose of evading” the travel ban. For family ties “close ties” will include a parent, spouse, child, adult son or daughter, son-in-law, daughter-in-law, or sibling in the United States.  Grandparents, grandchildren, aunts, uncles, nieces, nephews, cousins, brothers-in-law and sisters-in-law, fiancées, as well as additional extended family will not be considered “close.”

Guidance from Customs and Border Protection (CBP), the agency responsible for inspecting and admitting visa holders to the United States, directs implementation at the ports of entry begin at 8 p.m. Thursday, June 29 ; however, some airports have indicated they may begin implementation as early as 10:30 a.m. on Thursday, June 29.  All individuals currently in possession of valid visas will be permitted to travel.  Accordingly, CBP anticipates little impact at the ports of entry.

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Photo of Courtney B. Noce Courtney B. Noce

Courtney B. Noce co-chairs the Immigration & Compliance Practice. She focuses her practice on U.S. business immigration, compliance and enforcement actions, as well as global immigration. She represents both large multinational companies and small start-ups on the full range of employment-based immigration, ranging

Courtney B. Noce co-chairs the Immigration & Compliance Practice. She focuses her practice on U.S. business immigration, compliance and enforcement actions, as well as global immigration. She represents both large multinational companies and small start-ups on the full range of employment-based immigration, ranging from permanent residence (PERM, National Interest Waivers, Extraordinary Ability/Outstanding Researcher, Multi-National Managers, among others) to nonimmigrant visa categories (H-1B, H-3, J-1, L-1A/B, O-1, TN). Courtney has a particular understanding of working with the retail industry and the ever-evolving challenges this industry faces.

Courtney works closely with companies on complex challenges associated with I-9 employment verification, enforcement actions, as well as H-1B and LCA compliance. She provides proactive strategies in the form of onsite training, internal audits and reviews, as well as deploying best practices to minimize exposure and liabilities in the event of government investigations.

Courtney also assists multinational clients in the area of global mobility and immigration. She has experience helping companies move key personnel into all parts of the world.

Prior to practicing law Courtney worked with the Georgia Department of Economic Development as a Business Development and Project Manager. In this role, she helped Life Sciences and Technology companies move to and expand in the State of Georgia. She worked frequently with international and domestic companies addressing global mobility needs, and is acutely aware of the important role immigration plays for global companies.

Courtney has studied, lived, and worked in Canada, France, and Italy. She is fluent in Italian, proficient in French and has basic Spanish skills.