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ñ ANNUAL MEETING

A LETTER FROM ñ’S LEGAL COUNSEL REGARDING INTERNATIONAL TRAVEL TO THE ñ ANNUAL MEETING

Susan J. Cohen | 617 348-4468 | sjcohen@mintz.com
Kevin R. McNamara | 617 348-1633 | krmcnamara@mintz.com

One Financial Center
Boston, MA 02111
617-542-6000
617-542-2241 fax
www.mintz.com

November 8, 2017

Re:  ñ Annual Conference in Boston, MA, November 15 – 18, 2017

Dear International Conference Participant:

We provide this letter to you on behalf of ñ in order to update you regarding the current status of U.S. immigration law and procedure. We hope that this information will facilitate your travel to Boston for the upcoming annual conference and we hope your travel goes smoothly, that you are warmly welcomed in Boston and that you will have a rewarding conference experience.

Status of Executive Order:

After taking office, President Trump has sought to implement various Executive Orders seeking to restrict citizens of certain countries from entering the U.S. Currently, the travel restrictions in the latest Executive Order (issued by proclamation on September 24, 2017) are only in effect as to citizens of North Korea and as to certain government officials of Venezuela. The most recent attempted restriction on entry of citizens from Iran, Libya, Syria, Yemen, Somalia and Chad has been temporarily stopped by two different federal courts – the U.S. District Court for the District of Hawaii and the U.S. District Court for the District of Maryland. Accordingly, at this time citizens of Iran, Libya, Syria, Yemen, Somalia and Chad and all other countries of the world but for the two referenced above, are permitted to enter the U.S. if they have the proper travel documents, and if their purpose in seeking to enter the U.S. is consistent with their travel documents.

While the federal courts have temporarily stopped most of these travel restrictions from taking effect, it is important to understand that this situation is fluid and subject to frequent change.

U.S. Immigration Law Requirements for Visitors Attending U.S. Conferences:

U.S. immigration law expressly provides that attending a conference in the U.S. is a legitimate business visitor activity. Indeed, our country’s Foreign Affairs Manual, which guides U.S. consular officers regarding the issuance of visas to U.S. visa applicants, specifically states that it is the policy of the United States to facilitate and promote international travel and that consular officers should give particular attention to applicants traveling to the United States to attend conferences and conventions. 9 FAM Section 41.31 N5.

In order both to obtain a visitor visa (B-1/B-2 visa), and to be admitted into the U.S. as a visitor, visa applicants must prove that they have an un-abandoned residence in a foreign country; are coming to the U.S. for a strictly temporary period of time; and are seeking to enter for the sole purpose of engaging in legitimate visitor activities. 9 FAM Section 41.31 N1. It is important to have a round-trip ticket with a return date at the conclusion of the conference, or soon thereafter and be prepared to explain the nature of your work and residence abroad. It is helpful to have your itinerary handy as the U.S. Customs and Border Protection (CBP) officer at the port of entry (i.e. Logan International Airport) may ask you where you are staying while in Boston, and when you are leaving the U.S.

As you know, visitors to the U.S. may not engage in any work in the U.S.

Documentary Requirements for Entering the U.S.:

Visitors to the U.S. must carry valid and proper travel documents in order to be admitted into the U.S. by CBP. Passports should be valid for at least six months beyond the date on which you plan to depart the U.S., and, unless you are from a visa waiver country and are entering the U.S. pursuant to ESTA, you should have a valid B-2/B-2 visitor visa in your passport.

As mentioned above, it is important to have a return ticket back to your home country or to another country to which you may be traveling after attending the ñ conference.

Diminished Expectations of Privacy at U.S. Ports of Entry:

Please be advised that if they have concerns about whether a traveler is seeking to enter the U.S. for a legitimate purpose or for a purpose which matches his/her visa (or travel purpose if traveling visa-free on ESTA), CBP officers have wide latitude to conduct searches of handheld devices and laptop computers, etc. A CBP officer who has concerns will take the traveler aside, sometimes into a private room at the airport, in order to conduct a “secondary” inspection, during which the officer will ask more questions potentially including questions about passwords and social media handles, and will often record the information into the government’s computer system. If you refuse to provide the requested information to the officer, you may not be permitted to enter the U.S. Sometimes a CBP officer will take a “sworn statement” from a traveler. This statement is taken under oath, and of course it is critically important to provide completely truthful answers at all times.

While CBP is charged with the responsibility for guarding the U.S. borders, the officers are also ambassadors for the U.S. and most of the officers are polite and are expected to treat our visitors with courtesy and respect. Visitors whose documents are in order should have every expectation of being admitted into the U.S., and we hope and expect that your entry into the U.S. for the ñ conference will be smooth and pleasant.

If you do encounter any difficulties traveling to or entering the U.S., please contact Arlene Press, ñ Meeting and Events Manager. Her phone number is 857-272-2506 and her email address is: asormtgs@bu.edu. If you are not permitted to make a phone call, please ask the immigration inspector to call or email Arlene and give him or her Arlene’s contact details.

We hope that this letter has provided you with helpful information, and we wish you a safe journey and a wonderful conference experience.

Very truly yours,

Susan J. Cohen

Kevin R. McNamara

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