Presidential Proclamation 10998 and 4 impacts on immigration processing and travel

On December 16, President Trump issued Proclamation 10998, titled “Restricting and Limiting the Entry of Foreign Nationals to Protect the Security of the United States.” The proclamation, which took effect on January 1, builds on and expands entry restrictions first imposed last June by incorporating updated national security assessments and expanding the list of affected countries.

The new proclamation restricts or limits entry into the United States—either fully or partially—for nationals of the specified countries. These restrictions apply to both immigrant and, in some cases, nonimmigrant entry.

The proclamation generally applies to individuals who

• Are outside the United States on the effective date (January 1, 2026), and
• Do not hold a valid visa (either nonimmigrant or immigrant) or other qualifying travel document.

Individuals who are already in the United States or in possession of valid visas are generally not subject to the entry suspension itself, although future visa issuance or reentry may be affected.

Presidential proclamations issued under Section 212(f) of the Immigration and Nationality Act are not subject to notice-and-comment rulemaking under the Administrative Procedure Act. This section of the INA authorizes the president to suspend the entry of any non-citizens or class of non-citizens if their entry is considered detrimental to the interest of the United States. Once signed by the President and issued with an effective date, these proclamations are legally binding as of that effective date.

As a result, a number of federal agencies have issued policies intended to put Proclamation 10998 into effect. These are discussed below.

No. 1: State Department Immigrant Visa Issuance Guidance (Consular Processing)

As required by Proclamation 10998, the U.S. Department of State announced a pause on immigrant visa (green card) issuance at U.S. embassies and consulates abroad for nationals of 75 countries, effective January 21, 2026. The list of countries reflects State Department implementation guidance, which may be updated in the future:

Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burma, Cambodia, Cameroon, Cape Verde, Colombia, Cote d’Ivoire, Cuba, Democratic Republic of the Congo, Dominica, Egypt, Eritrea, Ethiopia, Fiji, The Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyz Republic, Laos, Lebanon, Liberia, Libya, Moldova, Mongolia, Montenegro, Morocco, Nepal, Nicaragua, Nigeria, North Macedonia, Pakistan, Republic of the Congo, Russia, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Thailand, Togo, Tunisia, Uganda, Uruguay, Uzbekistan, and Yemen. 

 This action

• Applies only to immigrant visas where a foreign national is applying for the visa abroad (consular processing).
• Does not apply to dual nationals who apply using a valid passport issued by a country not listed above.
• Does not apply to adjustment of status applications filed with the U.S. Citizenship and Immigration Services inside the United States.
• Does not affect the ability to file an I-130 relative petition or I-140 immigrant worker petition with the USCIS.

For employers and individuals pursuing permanent residence through consular processing, this pause may result in significant delays. On the other hand, employers relying exclusively on domestic USCIS filings may not be directly affected, but travel and visa renewal strategies should be reviewed carefully.

No. 2: USCIS places hold on adjudication of certain immigration benefit applications

Separate from the entry restrictions and visa issuance pause, on January 1, the USCIS issued a policy memorandum titled “Hold and Review of USCIS Benefit Applications Filed by Aliens from Additional High-Risk Countries.” This memorandum directs adjudicators to place a hold on the final adjudication of certain immigration benefit applications filed by or on behalf of individuals whose country of birth, citizenship, or travel documentation is associated with countries identified in Proclamation 10998.

Affected cases may continue through internal processing steps – such as background checks, requests for evidence, or interviews – but the USCIS will not issue a final approval, denial, or dismissal while the hold remains in place. The USCIS has also directed officers to re-review approvals of benefit requests for individuals covered by the policy if the approvals were issued on or after January 20, 2021.

This hold does not do the following:

• It does not prohibit filing immigration benefit applications.
• It is not a travel ban.
• It does not apply to the issuance of visas by consulates, which is handled by the State Department.

The USCIS has tied the adjudication hold to country designations under the new Presidential Proclamation 10998 related to entry restrictions. A consolidated public list has not been published; this list reflects agency guidance and implementation to date:

Afghanistan, Angola, Antigua and Barbuda, Benin, Burkina Faso, Burundi, Cuba, Côte d’Ivoire, Dominica, Equatorial Guinea, Gabon, The Gambia, Haiti, Laos, Malawi, Mali, Mauritania, Niger, Nigeria, Republic of the Congo, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Togo, Tonga, Turkmenistan, Venezuela, Zambia, and Zimbabwe.

Applicability is based on country of birth, citizenship, or travel documentation. It is not based on residence or employer location.

No. 3: Travel considerations

U.S. Customs and Border Protection is the federal agency responsible for enforcing the entry restrictions at U.S. ports of entry. CBP evaluates admissibility and parole eligibility under the applicable proclamations and immigration law.

According to CBP’s official summary, Proclamation 10998 “fully and partially restricts entry into the United States for certain foreign nationals and shall apply only to foreign nationals described in the Proclamation.” It is important to note that possession of a visa or an Advance Parole travel document does not guarantee admission or parole into the United States. Admission and parole determinations are discretionary and made by CBP at the port of entry, based on the individual’s immigration status, travel document, nationality or country of birth, and any applicable presidential proclamations or agency guidance.

As a result, individuals who are nationals of countries subject to current entry restrictions or heightened review may experience the following:

• Secondary inspection
• Extended questioning
• Delays in admission or parole decisions
• In limited cases, refusal of admission or parole.

CBP’s role is distinct from that of the Department of State and the USCIS, but it is required to implement presidential proclamations as written. Travelers from affected countries should therefore exercise caution and consult immigration counsel before undertaking international travel, even where a visa or Advance Parole document has been issued.

No. 4: Impact on common employment-based filings

• H-1B and other nonimmigrant petitions. The USCIS continues to accept filings. However, petitions involving individuals from covered countries may be subject to adjudication delays due to the USCIS hold. In addition, where international travel is required, entry and re-entry are subject to separate Department of State and CBP implementation of the presidential proclamation, which may affect timing and travel strategy.
• PERM and I-140 filings. These may continue to be filed with the U.S. Department of Labor and USCIS, respectively. However, delays may arise at later stages depending on whether USCIS adjudication is required, whether the beneficiary is covered by the above policies, and whether subsequent travel or consular processing is required.
• Adjustment of Status (Form I-485). Adjustment of status – the final step of the green card process for individuals applying from within the United States – remains under USCIS jurisdiction and is not affected by the State Department’s consular pause. However, applications may be subject to USCIS adjudication holds for covered individuals, and international travel while an I-485 is pending may raise additional CBP-related considerations.

Conclusion

Foreign nationals who are citizens of, or were born in, the affected countries should consult immigration counsel before undertaking international travel. Travel may trigger consular processing requirements, heightened inspection, or re-entry complications depending on visa classification, pending filings, and overall adjudication posture.

Proclamation 10998 directs federal agencies to continue evaluating country conditions and to make recommendations to the President, but it does not establish specific benchmarks or timelines for lifting the restrictions. Any change would require further presidential action. We are actively monitoring developments and will provide updates as guidance evolves. Employers and individuals with questions about specific cases, travel plans, or workforce planning strategies should consult with immigration counsel for case-specific guidance.