On June 4, 2025, President Donald Trump issued a Presidential Proclamation aimed at enhancing national security by restricting the entry of certain foreign nationals into the United States. This action builds on Executive Order 14161, "Protecting the United States From Foreign Terrorists and Other National security and Public Safety Threats," issued earlier this year. This latest proclamation is designed to address deficiencies in foreign governments' screening and vetting procedures.
The proclamation takes effect at 12:01 a.m. EDT on June 9, 2025. This proclamation impacts non-immigrant and immigrant visa entrants of the below countries who are outside the U.S. and do not have a valid visa on the proclamation's effective date.
Countries with Full Entry Restrictions
Foreign nationals, including those with a non-immigrant visas (e.g., H-1B, L-1, O-1, etc.) and immigrant visas, from the following 12 countries are fully restricted from entering the U.S., due to significant deficiencies in identity-management protocols and national security risks: Afghanistan, Burma (Myanmar), Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen.
Countries with Partial Entry Restrictions
Seven countries face partial restrictions, for those with immigrant visas and the following non-immigrant visa categories: B-1, B-2, B-1/B-2, F, M, and J visas. Nationals of the following countries will be subject to these partial entry restrictions: Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela.
Additionally, the Proclamation indicates that "[c]onsular officers shall reduce the validity for any other nonimmigrant visa issued to nationals of" the aforementioned countries." This means that the U.S. Department of State will likely reduce the validity period of other visa classifications not listed in the proclamation, e.g., H-1B, L-1, O-1 company sponsored visa categories.
Who Is Exempted?
The proclamation includes exemptions for the following categories:
- Lawful permanent residents (green card holders).
- Dual nationals of countries without entry ban restrictions, if traveling on a passport from a non-restricted country. For example, a national of Iran who is a citizen of the UK may still be admitted in the U.S., provided they present a UK passport for entry.
- Individuals with valid visas issued before the effective date of the proclamation.
- Individuals in the following non-immigrant visa categories: 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.
- Athletes or athletic team members, including coaches, persons 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.
- Immediate family immigrant visa holders (IR-1/CR-1, IR-2/CR-2, IR-5). Immediate family members include spouses, unmarried children under 21 and parents.
- Adoption related visas (IR-3, IR-4, IH-3, IH-4), Afghan Special Immigrant Visas, Special Immigrant Visas for U.S. Government employees, and immigrant visas for ethnic and religious minorities facing persecution in Iran.
- Individuals whose travel to the U.S. would advance a critical U.S. national interest involving the Department of Justice, including individuals who must be present to participate in criminal proceedings as a witness, may also be waived by the U.S. Attorney General.
Seyfarth Analysis:
This Proclamation is similar in some ways to entry bans implemented in Trump's first term. The bans in the first term faced legal challenges leading to multiple iterations designed to address constitutional challenges. While this latest ban may face legal challenges, it is unclear if such challenges would be successful.
Implications for Employers:
- Travel Restrictions: Employees from the affected countries may face difficulties in returning to the U.S. if they are abroad on the proclamation's effective date.
- Visa Processing Delays & Denials: Applications for visas from nationals of the impacted countries may experience significant delays or denials, depending on which category they may fall under.
- Internal Mobility: Employers should assess the impact on internal mobility programs and consider alternative arrangements for affected employees.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
