United States: Nationality-Based Travel Ban for 19 Countries Now in Effect

The nationality-based proclamation suspends both immigrant and nonimmigrant visa issuance to the United States for nationals of the following twelve countries:

• Afghanistan
• Burma
• Chad
• Republic of Congo
• Equatorial Guinea
• Eritrea
• Haiti
• Iran
• Libya
• Somalia
• Sudan
• Yemen

For nationals of the following countries, the proclamation suspends immigrant visa issuance, as well as nonimmigrant visa issuance in only the B, F, M, and J visa classifications for temporary visitors, students, and exchange visitors:

• Burundi
• Cuba
• Laos
• Sierra Leone
• Togo
• Turkmenistan
• Venezuela

For the seven countries with partial nonimmigrant suspensions, the proclamation also directs consular officers to reduce the validity of any visa issued in a non-suspended nonimmigrant classification “to the extent permitted by law.” It is not yet clear by what measure consulates will limit visa validity.  

By its terms, and subject to certain exceptions listed below, the proclamation applies only to nationals of the above 19 countries who:

• Are outside of the United States on June 9, 2025; and
• Do not have a valid visa on June 9, 2025.

In a posting over the weekend, the Department of State confirmed that “[f]oreign nationals, even those outside the United States, who hold valid visas as of the [June 9] effective date are not subject to the Proclamation,” and “[n]o visas issued before June 9, 2025, have been or will be revoked pursuant to the Proclamation.” This means that individuals currently holding valid visas may continue to use those visas for travel to the United States. However, such individuals may be subject to enhanced screening at ports of entry, and possible confusion regarding the scope of the exemption for travelers with currently valid visas presents the potential for a risk of possible denial of admission.

The exemption for foreign nationals who have a valid visa as of June 9, 2025 also would suggest that such individuals should be able to apply for new visas in the same or a different category after June 9 and be admitted on the new visa(s). In addition, based on the language of the proclamation and how similar bans were interpreted during the first Trump Administration, the limitation on the applicability of the ban to foreign nationals who are outside the United States on June 9 would suggest that foreign nationals physically in the United States on June 9 should be exempt from the ban and therefore should be able to travel internationally, apply for a new visa in the same or a different category on or after June 9, and be readmitted to the United States. However, this weekend’s guidance from the State Department did not indicate that the agency would apply either of these interpretations to the new nationality-based travel ban that took effect today. As such, it is not yet known whether current visa holders would be able to obtain new visas, or whether foreign nationals present in the United States on June 9 would be able to apply for and obtain visas if they depart the country.

The following categories of travelers are exempt from the proclamation’s travel restrictions:

• U.S. lawful permanent residents (green card holders);
• Dual nationals of a country designated in the proclamation when the individual is traveling on a passport issued by a non-designated country;
• Those applying for Immediate Relative family-based immigrant visas (IR-1/CR-1, IR-2/CR-2, IR-5) with clear and convincing evidence of identity and family relationship (e.g., DNA);
• Any athlete or member of an athletic team, including coaches, those performing a necessary support role, and immediate relatives, traveling for the World Cup, Olympics, or other major sporting event as determined by the Secretary of State;
• Any foreign national traveling with a valid nonimmigrant visa in the following classifications for foreign diplomats and certain civilian and military officials of foreign governments and international organizations:  A-1, A-2, C-2, C-3, G-1, G-2, G-3, G-4, NATO-1, NATO‑2, NATO-3, NATO-4, NATO-5, or NATO-6;
• Those applying for the following visa types: adoption-related immigrant visas (IR-3, IR-4, IH-3, IH-4); Afghan Special Immigrant Visas; Special Immigrant Visas for United States Government employees; and immigrant visas for ethnic and religious minorities facing persecution in Iran;
• Those whose travel is deemed to advance a critical U.S. national interest involving the Department of Justice as determined by the Attorney General, in coordination with the Secretaries of State and Homeland Security; and
• Those whose travel is deemed to serve a U.S. national interest, as determined by the Secretary of State, in coordination with the Secretary of Homeland Security. 

The standards and process for requesting a national interest exception to the travel ban are not known at this time, but the Administration is expected to issue guidance on this issue in the coming days.

The proclamation does not apply to anyone who has been granted asylum, to refugees already admitted to the United States, or to those granted withholding of removal or protection under the Convention Against Torture (CAT). The order also states that the new restrictions do not limit the ability of an individual to seek these types of relief, but it is unclear how this would apply to prospective refugees who are outside of the United States on June 9.

There will be a periodic government review of the list of travel ban countries to assess whether the restrictions should be continued, modified, suspended, or supplemented. Within 90 days of the proclamation and every 180 days thereafter, the Secretary of State, in consultation with the Attorney General, Secretary of Homeland Security, and the Director of Intelligence, must submit a report to President Trump providing recommendations on the current restrictions.

The proclamation also specifically requires the Secretary of State to provide an updated review of Egypt – which is not currently included in the travel ban list – to determine whether some level of travel restrictions should be imposed on Egyptian nationals.  

As a reminder, on the same day that the nationality-based travel ban proclamation was issued, President Trump also issued a second proclamation that ordered the suspension of F, M, and J visa issuance and entry to foreign nationals seeking to begin a course of study at Harvard University. Implementation of that proclamation, however, has been temporarily blocked by a federal district court in Massachusetts, pending the court’s consideration of a preliminary injunction.

Nationals of the affected travel ban countries should determine whether they are subject to the new restrictions, with the help of counsel where appropriate. The Administration is expected to issue further guidance on the ban, including implementation details and procedures for seeking consideration under the stated exceptions.

Fragomen will provide further updates on the new restrictions as details become available.