U.S. Travel Ban Now in Effect: Key Impacts on EB-5 Investors and Employment-Based Visa Applicants

As of June 9, 2025, the U.S. government has begun enforcing new travel restrictions targeting individuals from designated countries under a presidential proclamation.

This update outlines the implications of the proclamation—now in effect—for EB-5 investors and employment-based visa applicants, including those under H-1B, L-1, EB-2, and EB-3 categories.

Who Is Affected?

• Full Travel Ban: Nationals from Afghanistan, Burma, Chad, Republic of Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen face broad entry restrictions, with limited exemptions.

• Partial Travel Ban: Nationals from Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela face narrower restrictions targeting select visa categories.

EB-5 Investors: What This Means Now

For EB-5 investors from countries subject to the full travel ban, the Proclamation now bars entry to the United States for individuals outside the country who remain in the immigration process—specifically those with pending or approved I-526 petitions and are undergoing immigrant visa processing through the National Visa Center (NVC) and the U.S. consulates abroad. It does not affect immigrant investors who are lawfully present in the United States and are adjusting status based on an approved I-526 petition.

Individuals outside the United States who did not possess a valid immigrant or nonimmigrant visa as of 12:01 a.m. ET on June 9, 2025—including those with approved I-526 petitions or pending immigrant visa applications—are now barred from entry, unless they qualify for a specific exemption or are granted a national interest exception. Adjustment applicants lawfully present in the U.S. may continue with adjudication, but we strongly advise avoiding international travel, even if they hold valid advance parole travel documents, without first consulting an immigration lawyer.

Some may have considered applying for a nonimmigrant visa before June 9 to enter the U.S., but a pending EB-5 petition may trigger a presumption of immigrant intent, complicating eligibility for visa types that require nonimmigrant intent.

For EB-5 investors from countries subject to the partial travel ban, the Proclamation bars entry on immigrant visas, such as EB-5, and only certain nonimmigrant visa categories—namely B-1/B-2, F, M, and J. These individuals were able to enter the U.S. before June 9 using any visa category, and may still enter using visa types not covered by the ban—such as H, L, or O—provided they meet all admissibility requirements.

Impact on H-1B and Other Employment-Based Green Card Applicants

For H-1B applicants from countries subject to the full travel ban, individuals who are outside the U.S. and did not have a valid nonimmigrant visa by the effective date are now barred from entry—even if their petition is approved—unless they qualify for a listed exemption or are granted a national interest exception.

For other employment-based immigrant visa applicants (e.g., EB-2, EB-3), the same restrictions now apply. Individuals outside the U.S. without a valid immigrant visa cannot enter unless they have a qualifying exemption or national interest exception.

Applicants from partial travel ban countries face narrower restrictions. H-1B applicants are not affected. Employment-based green card applicants may have entered the U.S. using any visa before June 9, and may continue to enter using visa categories not listed in the ban (e.g., H, L, O), provided they are otherwise admissible.

Exemptions and Additional Notes

Generally speaking, the bans do not affect lawful permanent residents ("green card" holders), dual nationals, certain diplomatic visa holders, travelers to the World Cup or other major sporting events, refugees or asylum applicants, and others who qualify under specific exceptions—including case-by-case national interest exceptions.

Please also note that a separate proclamation issued on June 4, 2025, was intended to bar students attending Harvard on F, J, and M visas, but this restriction has been temporarily blocked by a federal court pending litigation.

Regardless of whether the bans apply to them directly or not, we recommend that nationals from affected countries reconsider any international travel during the Trump administration while these bans remain in effect.

If you’d like us to review your specific circumstances, feel free to reach out.

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