United States: President Trump Issues Nationality-Based Travel Ban for 19 Countries and a Six-Month F/M/J Ban for New Study at Harvard

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 the B-1, B-2, F, M, and J visa classifications:

• 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 only applies 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.

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

• Foreign nationals who are in the United States on June 9, 2025, regardless of their immigration status;
• Foreign nationals who have a valid visa in any category as of June 9, 2025;
• 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:  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 apply for the following visa types: adoption (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 proclamation will 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.

The exemption for foreign nationals who have a valid visa as of June 9, 2025 means that these individuals should be able to enter the United States on their existing visa, and also suggests that they 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 exemption for foreign nationals physically in the United States on June 9 should mean that these foreign nationals 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, we anticipate that clarifying guidance will be issued on the scope of these two exemptions in the coming days.

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.  

At the start of the first Trump Administration beginning in January 2017, President Trump issued several nationality-based travel bans through executive order, all of which were challenged in court. In June 2018, the U.S. Supreme Court upheld one of these bans that imposed restrictions on certain nationals of Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen. In Trump v. Hawaii, the Court held that the ban’s travel restrictions were within the President’s broad powers to suspend the entry of foreign nationals because the restrictions were rationally related to U.S. national security objectives. The Court also held that the laws prohibiting nationality-based discrimination do not limit the President’s power to determine who may enter the United States.

Starting in early 2020, as the COVID pandemic spread, President Trump issued several other travel bans, some related to presence in a country with high rates of COVID, and some solely on the basis of nonimmigrant category, alleging negative impact of these visa types on the U.S. labor market. In June 2020, President Trump imposed a general ban on H-1B, L-1, H-2B, and J-1 visa issuance and entry, regardless of nationality. The ban remained in place through March 2021, when the newly installed Biden administration let it expire.

Upon taking office for his second term in January 2025, President Trump issued an executive order requiring the State Department, DHS, DOJ, and the Director of National Intelligence to submit a report identifying countries for which entry restrictions may be recommended. The agencies submitted that recommendation report on April 9, 2025.

Nationals of the affected travel ban countries should determine whether they are subject to the new restrictions, with the help of counsel where appropriate. To the extent possible, those affected by the nationality-based restrictions should return to the United States prior to June 9, when the proclamation takes effect. The Department of State is expected to issue guidance on the bans, including implementation details and procedures for seeking review under the stated exceptions.

Those subject to the Harvard proclamation should contact their DSO to determine the impact and any next steps. A court challenge is anticipated; students should remain vigilant for any developments.

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