USCIS policy update

Expanded Travel Ban Takes Effect January 1, 2026

Presidential Proclamation 10998 expands visa restrictions to 39 countries and Palestinian Authority document holders, removing prior exemptions for immediate relatives and adoptions. Full details on who is affected and what exceptions remain.

On December 16, 2025, President Trump issued a proclamation restricting entry to the United States by nationals of 39 countries plus individuals traveling on Palestinian Authority (PA)-issued travel documents. This proclamation (set to take effect January 1, 2026) expands on the one from June 4, 2025, which suspended the entry of certain foreign nationals from 19 countries. The changes significantly affect how you must advise clients on visa eligibility, timing of international travel, and family-based immigration plans.

What changed

The proclamations differentiate between countries whose nationals are subject to “full suspension” (barring entry of immigrants and nonimmigrants) and those subject to “partial suspension” (barring entry of immigrants as well as certain classes of nonimmigrants).

Full suspension (all immigrant and nonimmigrant visas): Afghanistan, Burkina Faso, Burma, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Laos, Libya, Mali, Niger, Sierra Leone, Somalia, South Sudan, Sudan, Syria, and Yemen.

Partial suspension (immigrant visas and certain nonimmigrant categories like B, F, M, J): Angola, Antigua and Barbuda, Benin, Burundi, Cote d’Ivoire, Cuba, Dominica, Gabon, The Gambia, Malawi, Mauritania, Nigeria, Senegal, Tanzania, Tonga, Togo, Venezuela, Zambia, and Zimbabwe. For each of these countries, the proclamation directs consular officers to reduce the validity of all other nonimmigrant visas to the extent permitted by law.

Critical change in exceptions: Compared to the June proclamation, the December proclamation removes categorical exceptions for immediate relatives of U.S. citizens, adoptions, and Afghan SIVs.

Timing and scope: Nationals of listed countries who are outside the United States on January 1, 2026, and do not have a valid visa are subject to the suspension. The December proclamation lifts the restrictions on nonimmigrants from Turkmenistan, but the entry of immigrants from Turkmenistan remains suspended.

Case-by-case relief: The December proclamation provides that the Attorney General, Secretary of State, and Secretary of Homeland Security may make additional exceptions on a case-by-case basis for individuals whose travel would serve a U.S. national interest.

Why it matters

The removal of categorical exemptions for immediate relatives and adoptions is the most significant practitioner impact. Spouses, unmarried children under 21, parents of U.S. citizens, and adoptive families from full-suspension countries can no longer rely on blanket exceptions—they must now pursue discretionary case-by-case waivers.

Pre-existing valid visas remain usable. Clients holding visas issued before January 1, 2026, can continue to use those visas for entry. The distinction between “outside the U.S. without a valid visa” vs. “already in the U.S.” or “holding a pre-Jan 1 visa” is critical to your advice.

The partial-suspension list impacts employment-based practitioners: For these countries (with the exception of Turkmenistan), the entry of immigrants is suspended, as is the entry of nonimmigrants on B visas (visitors for business or tourism), F visas (academic students), M visas (vocational students), and J visas (exchange visitors). H-1B, L-1, and other non-suspended work visas remain available but with reduced validity periods.

Dual nationals who can travel on a passport from a non-restricted country are not affected. Clients from restricted countries planning imminent travel need legal review before booking flights.

Way forward

  • Client counseling: Immediately audit any pending cases involving nationals from the 39 listed countries. Distinguish between clients already in the U.S., those holding pre-Jan 1 visas, and those seeking new visa issuance.

  • Family-based applications: Advise immediate relatives from full-suspension countries that categorical exemptions no longer apply. If they file IR or CR petitions, counsel them on the discretionary waiver process and realistic timelines. Do not file assuming exemption.

  • Adoption cases: Same guidance as immediate relatives. Exceptions continue for athletes, coaches, support staff, and immediate relatives traveling for the World Cup, Olympics, or other major sporting events; Special Immigrant Visas (SIVs) for U.S. government employees; and immigrant visas for ethnic and religious minorities facing persecution in Iran.

  • Monitor periodic review: The June proclamation directed the Secretary of State, in coordination with the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence, to recommend whether its suspensions should be continued, terminated, modified, or supplemented. The policy will be reviewed every 180 days.

Disclaimer

This article is provided for informational purposes only and does not constitute legal advice. Folaform is a software company, not a law firm. Immigration law is complex and fact-specific; you must consult a licensed immigration attorney regarding your particular situation. This summary is accurate as of its publication date, but policy can change without notice. Verify all citations against the primary source linked above and check the State Department and USCIS websites for any updates or clarifications issued after January 1, 2026.

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