Trump Administration Issues Travel Bans and Restrictions for Nationals of 19 Countries

Key Points

• Effective June 9, 2025, an EO signed by President Trump suspends and restricts the entry to the United States for nationals of several countries:
  • Entry of nationals of Afghanistan, Burma, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan and Yemen as immigrants or nonimmigrants is fully suspended.
  • Entry of nationals of Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan and Venezuela as immigrants is fully suspended, and nonimmigrant entry on B-1, B-2, F, M and J visas is suspended.
• These restrictions only apply to nationals of listed countries who were outside the United States without a valid visa on June 9, 2025.
• The EO does not revoke visas that have been issued to nationals of the listed countries prior to June 9, 2025.
• The EO does not impact entry of nationals of any listed countries who are lawful permanent residents (green card holders); dual nationals who hold multiple passports, including one from a listed country, who travel using a passport issued by an unaffected country; holders of certain diplomatic nonimmigrant visas; and individuals in certain immigrant visa classifications.
• The EO exempts from entry restrictions athletes or members of an athletic team traveling for the World Cup, the Olympics or any other major sporting events determined by the Secretary of State.
• The EO does not limit the ability for individuals to seek asylum, refugee status, withholding of removal, or protection under the CAT.
• A second EO signed by President Trump suspends the entry to the United States for non-citizens seeking to begin studying or participating in an exchange visitor program at Harvard University after June 4, 2025. That EO has been blocked by a federal district court, and the Department of State has instructed embassies and consulates to comply with the court’s order.
• At the time this alert is published, only one foreign country (Chad) has reacted by declaring that it will impose reciprocal restrictions on entry of U.S. citizens.

Introduction

On June 4, 2025, President Trump announced restrictions on entry to the United States by nationals of several designated countries. The Executive Order (EO) titled “Restricting the Entry of Foreign Nationals to Protect the United States from Foreign Terrorists and Other National Security and Public Safety Threats” cites authority vested in the President under the U.S. Constitution, the Immigration and Nationality Act (INA) and the national security objective “to protect the national security and national interest of the United States and its people.” On June 7, 2025, the State Department suspended visa issuance for the same categories of non-citizens as the EO.

The EO also defines the scope of the bans and restrictions and outlines applicable exceptions. It imposes a total ban on entry into the United States for nationals of 12 countries and partial restrictions on entry for nationals of seven countries, both as immigrants and nonimmigrants. Under U.S. law, the term “immigrant” refers to every non-citizen who intends to reside in the United States permanently, including lawful permanent residents (known as “green card holders” or LPRs). Conversely, a “nonimmigrant” is a non-citizen who does not intend to reside in the United States permanently and is present in the country temporarily. Nonimmigrants include foreign workers, students, visitors, diplomatic personnel and other categories of non-citizens residing in the United States temporarily.

The EO is likely to have major implications for U.S. and foreign companies that conduct business in the twelve countries whose nationals are fully prevented from entering the U.S., or have employees from those countries already in the U.S. on nonimmigrant visas (e.g., H-1B, L-1, O-1, etc.). Moreover, international students and those engaging in exchange programs on F, M and J visas from all 19 countries are likely to be significantly impacted.

Total Entry Bans

Nationals of Afghanistan, Burma, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan and Yemen are fully suspended from entry into the United States as immigrants or nonimmigrants beginning on June 9, 2025.

Partial Entry Restrictions

Nationals of Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan and Venezuela are fully suspended from entry into the United States as immigrants, and restricted from entry into the United States as nonimmigrants on B-1, B-2, F, M or J visas (i.e., as visitors for business and tourism, students and exchange visitors) beginning on June 9, 2025. Notably, the EO instructs consular officers to limit the validity of all other nonimmigrant visas not mentioned above to the extent permitted by law when they issue those visas to nationals of the restricted countries. This means that, for example, if work visas (e.g., H-1B, O-1 or L-1 visas) are typically valid for five years, consular officers can limit the validity of such visas to a shorter period (e.g., to 12 months, or even to one entry). This would significantly restrict the ability of such visa holders to travel abroad.

Justifications for Total Entry Bans and Partial Entry Restrictions

The EO cites the listed countries’ lack of “appropriate screening and vetting measures” for its citizens, history of non-cooperation in “accepting back their removable nationals,” and visa overstay rates of these countries’ nationals as reasons for the suspensions.

The inclusion of this supporting rationale indicates that the current Trump administration has taken into account the 2018 Supreme Court decision in Trump v. Hawaii that held that the 2017 ban on travelers from several majority Muslim countries was justifiable on independent national security grounds as long as the President could show reasons why a country was included in the travel ban. In that 5-4 decision written by Chief Justice Roberts, the court found that federal law that allows the president to suspend entry of non-citizens “exudes deference to the president in every clause,” and that in wielding that broad executive power, if the president can provide detail and justification under national security grounds, the ban should not be overturned. At the time this alert is published, the EO has not been challenged in court but several organizations are reviewing it to determine if a legal challenge is possible.

Exceptions to Entry Bans and Restrictions

The EO provides exceptions to the entry bans and restrictions for certain categories of immigrants and nonimmigrants.

• Although lawful permanent residents (or “green card” holders) fall under the legal definition of “immigrants,” the EO explicitly excludes lawful permanent residents from its scope. This means that green card holders from the listed countries can continue to enter the United States. Moreover, restrictions do not apply to nationals of the listed countries who are in the United States with a valid visa as of June 9, 2025 or already have a valid visa in their passport, and the EO does not revoke visas that have been issued to nationals of the listed countries prior to June 9, 2025.
• Another exception applies to dual citizens. Individuals who are dual citizens of the United States and one of the listed countries can continue entering the United States because U.S. citizens have a right to enter the country. Citizens of the listed countries who hold multiple passports can travel to the U.S. using a passport issued by an unaffected country and will not be subject to the travel ban or restrictions imposed by the EO.
• Those intending to enter the United States using immediate family immigrant visas, for example, non-citizen spouses of U.S. citizens, will be permitted to enter with “clear and convincing evidence of identity and family relationship (e.g., DNA).” Typically, DNA evidence is not required to support an application for an immigrant visa, so this requirement may bring considerable change to the process that U.S. citizens must follow to bring their immediate family members to the United States.
• The EO provides exceptions for certain nonimmigrants as well: diplomats on A visas, employees of international organizations on G visas, and North Atlantic Treaty Organization (NATO) employees are exempt from the restrictions imposed by the EO. Additionally, athletes or members of an athletic team, including coaches, persons performing a necessary support role, and their immediate relatives, traveling for the World Cup, the Olympics or any other major sporting events determined by the Secretary of State will not be subject to the travel ban or entry restrictions either.
• The EO does not have an impact on humanitarian immigrant categories: it does not limit the ability for individuals to seek asylum, refugee status, withholding of removal, or protection under the Convention Against Torture (CAT). Afghan citizens who assisted the U.S. military during its presence in Afghanistan who qualify for the Afghan Special Immigrant Visas, applicants for Special Immigrant Visas for U.S. government employees, and those applying for immigrant visas for ethnic and religious minorities facing persecution in Iran are exempted from the restrictions imposed by the EO. It is unclear as of now how the Administration will treat follow-to-join petitions for immediate family members of individuals who have been granted asylum or refugee status.
• Finally, the EO provides that the Attorney General or the Secretary of State (or their designees) may find, in their discretion, that an individual’s travel would advance a critical U.S. national interest (e.g., as a witness in criminal proceedings), and that individual may be permitted to enter the United States despite the travel ban or restriction.

Lifting the Suspension/Reauthorization

It is noteworthy that the entry bans and restrictions are not automatically lifted after any length of time. Rather, within 90 days after June 9, 2025, and every 180 days thereafter, Secretary of State must submit a report describing an assessment and recommendations whether these restrictions and limitations on entry should be continued, terminated, modified, or supplemented, meaning that the continuation and substance of these bans and restrictions are subject to the discretion of the Secretary of State and various federal agencies.

Additionally, the EO requires the Secretary of State to engage each listed country on measures that must be taken to comply with United States screening, vetting, immigration, and security requirements. This implies that the EO seeks to require listed countries to improve security screenings of their nationals to be removed from the list of countries subject to the EO. The EO also requires the Secretary of State to provide an updated review of the practices and procedures of Egypt to confirm the adequacy of its screening and vetting capabilities, meaning that Egypt could potentially be added to the list of affected countries.

Questions and Uncertainties Going Forward

There remain a number of considerations for individuals, companies and other organizations attempting to plan staffing, hiring, and international travel as a result of this EO:

• National Interest Exceptions (NIE). U.S. companies and organizations sought NIEs during previous pandemic-era travel bans to facilitate essential business travel. Under the NIE criteria from 2020, temporary travel which provided a substantial economic benefit to the U.S. economy, including technical experts and specialists, senior-level managers and executives, and professional athletes and essential staff, was permitted despite the travel ban. Investors who were traveling in the E-1 and E-2 nonimmigrant categories in connection with an investment or trade in the U.S. economy that generated a substantial economic impact were eligible for an NIE as well. Certain travelers seeking to provide vital support for critical infrastructure were also eligible for an NIE. Applicants for an NIE were required to provide evidence that they met the NIE criteria to a U.S. consulate abroad, and they were issued a visa stamp indicating the NIE was granted and travel was permitted. It is unclear what criteria the Trump administration will use for the issuance of NIEs and whether some of the same factors that were critical in the pandemic-era NIE determinations will be given similar weight.
• Limitations on Validity of Nonimmigrant Visas. Consular officers’ discretion in limiting the validity of nonimmigrant visas issued to nationals of countries subject to the travel restrictions introduces uncertainty to those citizens of the listed countries who are able to obtain a visa in a category not subject to the EO. It is unclear what factors consular officers will consider in determining whether to limit the validity of nonimmigrant visas issued to nationals of those countries, or to what extent their validity may be limited.
• Sufficiency of Evidence to Establish Identity and Family Relationships for Immediate Family Immigrant Visa Holders. Immediate family members of U.S. citizens are typically required to prove their relationship by providing birth and marriage records, but the EO provides that DNA evidence may be required as clear and convincing evidence of such a relationship. However, it is unclear if non-DNA evidence will still suffice and, if not, how DNA tests will be administered.
• Possible Expansion of the Suspension. The EO leaves open the designation of other countries, and it specifically contemplates the possible expansion of the suspension to citizens of Egypt.

Additional Restrictions Applicable to Harvard University Students and Researchers

In addition to the EO on travel bans and restrictions, President Trump signed a separate EO suspending entry of non-citizens seeking to study or conduct research at Harvard University. The EO titled “Enhancing National Security by Addressing Risks at Harvard University” only applies to international students who seek to enter the United States to begin attending Harvard after June 4, 2025. Moreover, the EO directs the Secretary of State to consider whether foreign nationals who currently attend Harvard on F, M or J visas—or participate in an exchange visitor program at Harvard—should have their existing visas revoked.

On June 6, 2025, a federal judge in Massachusetts issued a temporary restraining order blocking this EO. The order temporarily restricts the government from “implementing, instituting, maintaining, enforcing, or giving force or effect” to the EO. The next day, the State Department ordered U.S. embassies and consulates around the world to “resume processing of Harvard University student and exchange visitor visas.” Previously, on May 27, 2025, the State Department had paused the issuance of all student and exchange visitor visas worldwide, until new vetting procedures are put in place. At the time this alert is published, student and exchange visitor visa issuance has not resumed.