White House Expands Travel Ban Effective January 1, 2026

On December 16, 2025, the White House expanded the existing travel ban to add 7 additional countries to the list of 12 fully banned countries and adding several other countries to the partially restricted list. These developments, along with a recent Policy Memo from the U.S. Citizenship and Immigration Services (USCIS) pausing adjudication of immigration benefits for individuals born in or citizens of the 19 banned countries will have significant implications for employees for US travel and immigration benefits.

Background and Updates

Travel Ban, June 4, 2025

On June 4, 2025, President Trump issued a proclamation suspending entry of foreign nationals from 12 countries and partially limiting entry from an additional 7 countries, citing national security and public safety concerns. That proclamation expressly included several important exemptions including for lawful permanent residents, dual citizens of other countries not on the banned list, and those with valid visas.

USCIS Policy Memo, December 2, 2025

On December 2, 2025, USCIS issued a policy memo that seeks to implement enhanced national security screening measures for certain immigration benefit applications filed by nationals of countries subject to the June 2025 travel ban and subsequent expansions. While the USCIS policy does not itself prohibit filing applications, it pauses processing of pending immigration benefit requests for individuals who were born in or are citizens of the 19 countries subject to the travel ban and directs review of previously approved immigration benefits for nationals of those countries. Importantly, this policy operates independently of the travel ban and does not include the same exceptions.

Expanded Travel Ban, December 16, 2025

On December 16, 2025, the White House issued an expanded proclamation broadening the scope of the June travel restrictions effective January 1, 2026. This adds additional countries to both the full and partial restriction lists, to total 39 countries and expands the categories of nonimmigrant visas subject to limitation for certain nationals. Consular officers are directed to apply heightened vetting and to deny visas where national security or public safety concerns are identified. This proclamation contains similar exceptions to the June travel ban but removes important exceptions for Immediate Relative immigrant visas, adoption related visas and Afghan special immigrant visas. The government will review and assess the list of travel ban countries every 180 days; therefore, further restrictions may be forthcoming.

Key Details of the Travel Bans

Under the June 4, 2025 proclamation, nationals from the following 12 countries faced a full suspension of entry to the United States: Afghanistan; Burma (Myanmar); Chad; Republic of the Congo; Equatorial Guinea; Eritrea; Haiti; Iran; Libya; Somalia; Sudan; and Yemen.

The expanded proclamation of December 16, 2025, adds 7 additional countries to that full-suspension list, subject to the same exceptions in the June Proclamation, including: Burkina Faso, Laos, (previously on partially restricted list): Mali, Niger; Sierra Leone (previously on partially restricted list); South Sudan; and Syria. Palestinian Authority travel document holders are also subject to full restriction.

Partial restrictions now apply to nationals from the following countries who seek to enter the U.S. as immigrants or pursuant to  B-1/B-2, F, M, and J nonimmigrant visas: Angola; Antigua and Barbuda; Benin; Burundi (previously on partially restricted list); Cote d’Ivoire; Cuba (previously on partially restricted list); Dominica; Gabon; The Gambia; Malawi; Mauritania; Nigeria; Senegal; Tanzania; Togo (previously on partially restricted list); Tonga; and Venezuela (previously on partially restricted list); Zambia; and Zimbabwe.

The Proclamation also instructs consular officers to limit the visa validity of non-suspended categories such as H-1B and L-1 for nationals of the partial banned list.

Immigrant visas continue to be suspended for nationals of Turkmenistan unless subject to an exception however nonimmigrant visas may be issued.

Exceptions to the Travel Ban

The travel bans apply only to individuals of the listed countries who are currently outside the U.S. and without a valid visa. As such, individuals who currently hold valid visas are generally not subject to the entry restrictions. Additionally, the proclamations expressly include several important exemptions. The suspension and limitation on entry will not apply to:

• U.S. lawful permanent residents (Green Card holders);
• Dual nationals of a subject country when traveling on a passport issued by a non-subject country (e.g., a dual Canadian–Iranian citizen entering on a Canadian passport);
• Foreign nationals and their dependents traveling on government-related nonimmigrant visas, including A, C, G, and NATO categories;
• Athletes, members of athletic teams (including coaches and support staff), and their dependents traveling to the U.S. for the World Cup, Olympics, or other major sporting events;
• Special Immigrant Visas for U.S. government employees; and
• Immigrant visas for ethnic and religious minorities facing persecution in Iran.

Exceptions to the travel ban may also be granted where travel would advance a critical national interest involving the U.S. Department of Justice, as determined by the Attorney General, or where travel would otherwise serve the U.S. national interest, as determined by the Secretary of State in coordination with the Secretary of Homeland Security. This may now include Immediate Relative Petitions.

Further, the proclamations do not apply to individuals who have been granted asylum, refugees who have already been admitted to the U.S., or individuals granted withholding of removal or protection under the Convention Against Torture (CAT). The proclamations expressly state that they should not be construed to limit the ability of any individual to seek asylum, refugee status, withholding of removal, or CAT protection.

USCIS Policy Pausing Immigration Benefits does not include Travel Ban Exceptions

It is important to note that the USCIS policy memo pausing processing of pending immigration benefit requests for individuals who were born in or are citizens of the 19 designated countries does not include the same exceptions as the travel ban. Notably, it applies to pending and approved immigration benefits for all foreign nationals born in those countries even if they hold citizenship with another country.

Therefore, it may affect individuals who are exempt from the travel ban including dual citizens of other countries not subject to the ban and those already in the U.S. or holding valid visas.

What Employers Need to Know

Together, the travel ban expansion and USCIS Policy Memorandum have significant implications for employers, educational institutions, and organizations with international personnel, including:

• Travel disruptions and visa issuance delays;
• Extended processing times for USCIS filings;
• Increased RFEs, NOIDs, biometrics and case holds for affected nationals;
• Heightened risk of inconsistent adjudications, even for long-standing employees or students; and
• Increased need for heightened workforce planning and compliance.

Employers with employees working pursuant to visas or alternative forms of employment authorization in the U.S. should plan for contingencies, avoid mandating business trips involving international travel for those employees who are citizens of the listed countries, and consult counsel before filing or renewing immigration benefits for affected individuals.

Gibney is closely monitoring these developments and will provide additional updates as they are announced. This alert is solely for informational purposes and does not constitute legal advice. If you have questions or require assistance, please contact your Gibney representative or email info@gibney.com.