On June 4, 2025, President Trump issued the Presidential Proclamation: Restricting the Entry of Foreign Nationals to Protect the United States From Foreign Terrorists and Other National Security and Public Safety Threats. This proclamation introduces travel restrictions for both immigrants and nonimmigrants from certain countries. According to the proclamation, the affected countries were designated based on each country's screening and vetting capabilities, information sharing policies, the presence of terrorist organizations within their territories, visa overstay rates, cooperation in accepting the return of removable nationals, and potential security threats in the United States. The travel ban is based on country of citizenship, not country of birth.
The proclamation fully restricts and limits the entry of citizens of the following 12 countries: Afghanistan, Burma, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen. These restrictions apply to both immigrants and nonimmigrants. The proclamation also partially restricts and limits the entry of nationals of seven additional countries: Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela. For these seven countries, certain visa categories, including B-1 and B-2 (visitors), F (students), M (vocational students), and J (exchange visitors) visas are suspended, and the validity of other types of visas may be reduced.
The travel restrictions apply to foreign nationals who are outside the United States as of June 4, 2025, and who do not have a valid visa as of that date. As a result, applying for a new visa in these countries for travel to the United States may not be possible while the travel ban remains in effect. The proclamation does not apply to (1) U.S. permanent residents, (2) dual nationals traveling on a passport issued by a non-restricted country, (3) individuals traveling on A, G or NATO visas, (4) certain athletes, (5) immediate relatives (spouses and children) of U.S. citizens, (6) adoptees, (7) Afghan special immigrants, (8) special immigrant visas for U.S. government employees, and (9) immigrant visas for ethnic and religious minorities facing persecution in Iran. Exceptions may also be considered on a case-by-case basis if the Secretary of State determines that an individual's entry would serve a U.S. national interest. However, such exceptions may be difficult to obtain.
Implications of the June 2025 Travel Ban for EB-5 Investors and Immigration Processing
EB-5 visas are not included among the "exceptions" outlined in the proclamation. Accordingly, EB-5 investors who are nationals of the 12 fully restricted countries and who had not been issued an EB-5 immigrant visa at the U.S. consulate as of June 4, 2025, are subject to the restrictions on visa issuance. EB-5 investors who hold a second nationality from a country not subject to the full restrictions may remain eligible to obtain an EB-5 visa using the passport that is not restricted. Individuals who received an EB-5 visa prior to June 4, 2025, may still be able to travel to the United States using the valid immigrant visa.
The proclamation does not address the approval of Form I-526 or I-526E Petitions by USCIS. Processing of these petitions, along with I-829 Petitions, is expected to continue. Additionally, since the proclamation applies only to individuals outside the United States, the processing and approval of Form I-485 for adjustment of status by USCIS may also continue for nationals of the affected countries. Individuals with a pending I-485 application and a valid advance parole travel document may still use the advance parole for travel; the proclamation does not revoke approved advance parole documents or visas. However, international travel may carry additional risks at this time, as there may be confusion among airline carriers and at U.S. points of entry. Individuals are encouraged to consult with an experienced immigration attorney before departing the United States to assess potential travel risks while the travel ban remains in effect.
For EB-5 investors with a spouse or other immediate family member who is not subject to the travel ban (or vice versa), future guidance or clarification may be issued regarding possible exceptions to preserve family unity.
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.
