Staying Ahead of a Potential US Travel Ban: A Strategic Guide for Employers

Although the U.S. administration has announced that it has put an expected travel ban on hold, as this remains a stated policy goal, employers should anticipate potential impacts and prepare in advance. Even in the absence of a formal announcement, taking early steps now could help businesses minimize disruption if and when a new travel ban is introduced.

What happened during the current administration’s first term?

In his first term, President Trump signed Executive Order 13769 (EO13769) on his eighth day in office, restricting entry into the United States for citizens of seven majority-Muslim countries.

EO13769 was halted by Federal Court in February 2017. Ultimately, the president issued a series of orders, eventually landing on EO13780, which banned nationals of Chad, Iran, North Korea, Libya, Somalia, Sudan, Syria and Yemen from applying for certain visa categories.

After surviving a challenge in the Supreme Court, EO13780 remained in force (with changes, Chad was dropped in 2018 while a ban on immigrant visa applicants from Eritrea, Kyrgyzstan, Myanmar and Nigeria was added) until it was revoked by President Biden on his first day in office.

Throughout its application, the travel restrictions impacted tens of thousands of travelers attempting to enter the United States, as well as companies attempting to move their top talent to America.

What has happened so far during the administration’s second term?

On the campaign trail and in the lead-up to his second term, the president vowed to reinstate a travel ban “from day one.” On his first day in office, he ordered that vetting and screening of all visa applicants to the United States be significantly increased. He further ordered various relevant agencies to submit a report identifying countries where the United States cannot sufficiently vet and screen visa applicants due to insufficient local information or concerns about passport fraud, with a view to banning nationals of those countries. This report was due to the White House by March 20, 2025.

On March 31, 2025, the State Department declined to provide a new due date, but said it is continuing to work on the report that would serve as the basis for the anticipated visa restrictions.

Given the policy emphasis placed on this issue during the 2024 campaign and the president’s first term, it remains possible that a ban—or some form of enhanced restriction—could be implemented later this year.

Employers are therefore advised to remain alert to developments and consider preparatory steps now, rather than waiting for a formal announcement. For example, the US Embassy in Chad announced on March 25 that it has suspended all routine visa services until further notice, and on April 5 the State Department revoked visas held by South Sudanese passport holders and implemented a bar on any new applications by South Sudanese citizens.

Could a new travel ban be challenged or blocked?

Legal challenges to any future travel ban are expected, as was the case with Executive Order 13769 in 2017. However, several factors may limit judicial intervention this time around. The current administration has taken a more methodical approach in 2025, tasking federal agencies with conducting a review of countries’ information-sharing practices and passport security before finalizing any restrictions.

The Supreme Court upheld the later version of the travel ban (EO13780) in 2018, which may further insulate a future ban from legal challenges—particularly if it is similarly grounded in national security and supported by documented agency analysis.

As such, organizations should be prepared for the possibility that restrictions, once announced, could take effect quickly and remain in place even amid legal scrutiny.

How can organizations mitigate the impact on their immigration and travel programs?

Regardless of its final form, any ban is likely to have an impact on all organizations that routinely hire and invite foreign talent into the United States. The following high-level steps can be taken by your organization to prepare and mitigate the impact.

1. Review the citizenship(s) and country of birth of your incoming population

Undoubtedly, knowing the citizenships of an organization’s population is going to be crucial if a ban is finalized. However, it is important to go beyond just the primary citizenship and understand the employee’s country of birth and any additional citizenships. One of the significant uncertainties of the earlier travel bans was whether it applied to dual citizens traveling on a passport from a non-banned country. Ultimately, dual nationals were allowed to enter, but this has not been expressly addressed by the current administration. Recently, Fragomen professionals have seen anecdotal reports of Canadian citizens born in Iran and Afghanistan being denied entry to the United States; therefore, knowing an organization’s population in advance is key.

2. Prepare for an impact on those going through the H1-B or L-1 process

An approved H1-B or L-1 petition still requires a visa application at a U.S. consulate or embassy.  Even if an individual’s petition is approved, experience from the previous administration suggests it will not be enough to overcome a nationality-based visa ban. Companies should therefore review contingency plans if certain individuals are not able to enter and take up roles in teams or projects.

3. Prepare for an impact on business travelers

The expectation is that restricted nationals will be banned from entering the United States even as a business visitor. If business travelers from restricted countries are permitted, appointment wait times and B-1 processing times will increase due to increased scrutiny.  B-1 applications already see longer appointment wait times compared to other categories, and this is likely to continue in all impacted countries.

It is also recommended that any applicants submit their B-1 application as soon as possible. Visas issued before the ban takes place may be exempt (as they were under EO13780), although it is possible that only visas issued before the country list is published will remain valid.

4. Review non-essential travel

Individuals with nationalities that have been the subject of previous executive orders, or recent media speculation, should reconsider non-essential international travel, even before a ban is announced, in case they are overseas if and when it is implemented. EO13780 ultimately did not ban individuals with a valid visa or a green card from re-entering the US, but again this is a current area of uncertainty.

5. Prepare for potential removals

Related to the above, the president’s latest order does not expressly state that banned nationals already in the United States should be deported, but it does require the Secretary of Homeland Security to take steps to remove an alien when “information is identified that would support the exclusion or removal.”

It remains to be seen exactly how this is interpreted, but visa-holders resident in the United States should consult with their immigration provider when the full details of a ban are published. Companies should prepare contingency plans for these employees.

6. Partner with a trusted provider

In this period of uncertainty, partnering with your trusted immigration provider is more important than ever.  At Fragomen, our professionals are leveraging our tools and global reach to prepare our clients for the upcoming changes and mitigate the risks as much as possible, through individual assessments, town halls with traveling populations and company-wide policy reviews. We have also created a U.S. microsite, tracking the impacts of policies in real time.

Need to know more?

Fragomen can assist your organization with addressing the challenges faced by your United States-bound population. For questions or assistance, please contact Senior Director Jack Stokes at [email protected].

This blog was published on April 7, 2025, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please subscribe to our alerts and follow us on LinkedIn, Twitter, Facebook and Instagram.