Real World Impact: President Trump’s travel ban on foreign nationals from certain countries could impact employers whose workforces and hiring plans include individuals from those countries.
June 4, 2025 Presidential Proclamation
On June 4, 2025, President Trump signed a Proclamation fully restricting and limiting the entry into the United States of foreign nationals from the following 12 countries: Afghanistan, Burma, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen. The Proclamation also partially restricts or limits the entry of foreign nationals from the following seven countries: Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela. Individuals from the countries subject to the partial ban cannot come to the United States permanently or enter on student or tourist visas.
The proclamation states that the suspension and limitation of entry (travel ban) has been issued for countries the U.S. has determined have inadequate vetting and screening processes. The travel ban applies only to foreign nationals of the designated countries who, on June 9, 2025, will be outside the U.S. and do not have a valid visa on June 9.
The Travel Ban Does Not Affect Valid, Unexpired Visas Issued Prior to the Effective Date of the Proclamation
The travel ban applies to both immigrant and nonimmigrant entries. However, the Proclamation specifically states that “no immigrant or nonimmigrant visa issued before the applicable effective date of this proclamation [ie June 9, 2025] shall be revoked pursuant to this proclamation.”
Who is Exempt from the Travel Ban?
The travel ban does not apply to:
- any lawful permanent resident of the U.S. (“green card”);
- any dual national of a country designated in the Proclamation when the individual is traveling on a passport issued by a country not designated in the Proclamation;
- foreign nationals traveling with a valid, unexpired nonimmigrant visa even in the specific classifications identified in the Proclamation;
- athletes, athletic teams, family members and support persons traveling for the World Cup, Olympics or other major sporting events as determined by the Secretary of State;
- immediate family immigrant visas with evidence of identity and family relationship;
- adoptions;
- Afghan Special Immigrant Visas;
- Special Immigrant Visas for U.S. government employees; and
- immigrant visas for ethnic and religious minorities facing persecution in Iran.
Additionally, the travel ban does not apply to those who have been granted asylum by the United States, to refugees who have already been admitted to the United States or to an individual granted withholding of removal or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment (CAT).
The Proclamation also authorizes the U.S. Attorney General and the Secretary of State to make exceptions to the travel ban for specific individuals on a case-by-case basis.
The Bottom Line
The travel ban does not impact foreign nationals who are already in the U.S. on immigrant or nonimmigrant visas, or those who are abroad on the date the ban becomes effective (June 9) who had already become lawful permanent residents of the US or are in possession of a valid, unexpired nonimmigrant visa. Employers who are in the process of or planning to hire individuals from countries subject to the travel ban may need to pivot to fill those vacancies. The Proclamation directs certain government officials to submit a report to the President within 90 days addressing whether the travel ban should be continued, terminated, modified or suspended. Thus, if the travel restrictions are lifted or modified, employers may once again be able to recruit employees from the restricted countries or reinstate or rehire any workers who were previously terminated pursuant to the ban. As immigration developments are unpredictable and quickly changing, it is advisable to notify the workforce about the travel ban and caution those who plan to travel about the quickly changing immigration landscape which could result in travel delays, or even lengthy detentions abroad if the traveler gets stuck in the cross-hairs of immigration policy shifts. In addition, for workers from impacted countries who are on a nonimmigrant visa status which must be extended, employers should file extensions with USCIS, which is the stateside agency that processes immigration benefits, and avoid filing visa renewals through an overseas US Consulate.
