The Trump administration announced a new travel ban, set to begin on Jun. 9.
The ban entirely restricts the issuance of immigrant and non-immigrant visas for foreign nationals from 12 countries identified as having inadequate screening processes and a high security risk: Afghanistan, Burma, Chad, the Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen.
It also partially limits the issuance of U.S. nonimmigrant visas to nationals from Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela.
However, the ban will not revoke visas issued before June 9.
How could the travel ban impact EB-5 visa applicants?
U.S. immigration professionals assessed the impact of the recent visa ban on foreign nationals from affected countries who submitted visa applications, including EB-5 green cards.
According to Yiran Cheng, Head of Communications for the American Immigrant Investor Alliance (AIIA), it is unlikely that the travel ban will affect EB-5 investors; however, “we are expecting heightened scrutiny for EB-5 petitions given the circumstances.”
EB-5 attorney Dominique Pando Bucci from Pando Bucci Law explained that it will not block EB-5 petitions from being filed or approved. “Nationals of affected countries can still apply and secure their place in line, though they cannot enter the United States until the ban is lifted or they qualify for an exception,” she says.
She noted that the proclamation included an exception for national interest, allowing individuals to enter if their travel serves a U.S. national interest, similar to the travel ban from the first Trump Administration. “During the Trump 1.0 travel bans, we successfully secured entry for many business and investor clients under this provision.”
Pando Bucci concluded that “EB-5 investors have a strong case to qualify, as their investments create U.S. jobs and drive economic growth that clearly benefits the country,” Pando Bucci adds.
What happens to U.S. visa holders from those countries if they missed the deadlin?
However, Matthew Kolodziej, Senior Business Immigration partner at JLG Law Group, cautioned that for EB-5 investors from the 12 countries subject to the full travel ban, will not be able to enter after June 9.
“The proclamation 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 planning to adjust status based on a pending or approved I-526 who are lawfully present in the United States.”
He added: “Individuals outside the USA who do not possess a valid immigrant or nonimmigrant visa as of 12:01 a.m. ET on Jun. 9, 2025—including those with approved I-526 petitions or pending immigrant visa applications—will be 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 with an immigration lawyer.”
Michael Piston of Piston & Carpenter also agreed the effect on ongoing and future EB-5 petitions “will be to strongly discourage the filing of such petitions from nationals of those countries which are banned from receiving immigrant visas, provided that they were outside the U.S. on Jun. 4, 2025 and not holding a valid visa.”
Implication of travel ban for U.S. employers
Several immigration law firms have also issued statements advising potential and current EB-5 visa applicants and those holding other U.S. visas to seek legal advice before traveling in and out of the country.
In a note to clients, WR Immigration cautioned that the ban poses “immediate challenges for global mobility and in-house immigration teams, impacting talent pipelines, cross-border assignments, and visa planning.”
They also urged that “Teams should quickly assess affected populations, adjust recruitment and relocation strategies, and communicate clearly with impacted employees to ensure compliance and minimize disruption.”
Kolodziej says: “For H-1B applicants from countries subject to the full travel ban, individuals who are outside the U.S. and do not have a valid nonimmigrant visa by the effective date will be 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 apply. Individuals outside the U.S. without a valid immigrant visa will be barred unless they have a qualifying exemption.”
He adds that H-1B applicants from countries subject to the partial travel ban will not be affected. Therefore, those applying to enter the U.S. using any visa before Jun. 9, and after that date, may continue to enter using visa categories not listed in the ban (H, L, or O), provided they are otherwise admissible.
The impact of the June 9 deadline for EB-5
“Looking ahead, employers who regularly sponsor foreign nationals for work visas, or who rely on a diverse, global workforce, should be especially attuned to the implications of these restrictions and how to best support their international workforce,” said Klasko Immigration Law Partners.
Klasko also said that the June 9 deadline “allows critical time for impacted individuals to prepare, and anyone impacted by this proclamation who is presently overseas should make plans to return to the United States immediately. Return travel should be planned for no later than the end of the day on Sunday, June 8, 2025.”
Meanwhile, BAL law firm told clients in their blog that the new policy could be subject to litigation.
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