INA 212

Presidential Proclamations and Current U.S. Travel Restrictions

Presidential Proclamations Immigration Lawyer

Presidential Proclamations and Current U.S. Travel Restrictions Under INA §212(f)

Presidential proclamations can suspend or restrict entry to the United States by nationality, visa classification, travel document, institution, occupation, or another defined class. The legal effect depends on the exact proclamation, its effective date, the traveler’s location and visa status on that date, later amendments, agency guidance, exceptions, and current litigation.

As of August 3, 2026, Presidential Proclamation 10998 is the principal active nationality-based restriction. It fully or partially restricts visa issuance and entry for nationals of 39 countries and for persons applying with travel documents issued or endorsed by the Palestinian Authority. Other proclamations, agency policies, and court orders may overlap but require separate analysis.

This page is maintained as a current-law hub. Always confirm the most recent White House, Department of State, DHS, USCIS, CBP, and federal-court sources before filing, traveling, or relying on an exception.

Effective dateJanuary 1, 2026
Last legal reviewAugust 3, 2026
StatusCurrent restriction active
Archive protocolSuperseded rules retained below
Current Status Board

Which Presidential Proclamations Currently Matter?

InstrumentStatus on August 3, 2026Primary effectAction point
Presidential Proclamation 10998
December 16, 2025
Active
Effective January 1, 2026
Full or partial suspension of entry and visa issuance for nationals of 39 countries and applicants using Palestinian Authority-issued or endorsed travel documents.Analyze nationality, visa class, location and valid-visa status on the effective date, categorical exceptions, and possible national-interest exception.
Presidential Proclamation 10973
September 19, 2025
Implementation vacated; appeal pending
The First Circuit denied a stay on July 24, 2026.
Formally directed a $100,000 payment requirement and entry restrictions for certain H-1B cases. The agency implementation actions were vacated by the district court, and the appellate court declined to stay that judgment.Do not rely on the proclamation’s original filing instructions without checking current USCIS, DOS, and court guidance.
Presidential Proclamation 10949
June 4, 2025
Superseded
Modified by Proclamation 10998 on January 1, 2026.
Earlier full and partial nationality restrictions affecting 19 countries.Use only for historical dates and cases governed by the earlier effective period.
Presidential Proclamation 10948
June 4, 2025
Expired archive
Expired by its terms after six months absent extension.
Restricted certain F, M, and J entries for study or exchange at Harvard University.Retain as historical material; verify any later instrument before treating a similar restriction as current.

Not every current visa restriction is a presidential proclamation. Department of State visa-processing pauses, enhanced screening policies, visa bonds, sanctions, and consular post limitations may operate independently. A proclamation analysis does not replace review of separate agency rules that may also block issuance.

Statutory Authority

What INA §212(f) Allows the President to Do

Suspend Entry

INA §212(f), codified at 8 U.S.C. §1182(f), authorizes the President to suspend entry of all noncitizens or a defined class when their entry is found detrimental to the interests of the United States.

Impose Entry Restrictions

The statute also permits restrictions short of a total suspension. A proclamation may distinguish between immigrants and nonimmigrants, visa classes, countries, travel documents, or other defined groups.

Use INA §215(a)

Presidential restrictions may also rely on 8 U.S.C. §1185(a), which authorizes rules, limitations, and exceptions governing entry and departure.

Direct Agency Implementation

The President may direct the Department of State, DHS, USCIS, CBP, and other agencies to issue operational guidance consistent with the proclamation.

Set Duration and Review

A proclamation may contain a fixed expiration, continue until terminated, or require periodic review and recommendations concerning continuation, modification, or removal.

Remain Subject to Litigation

Courts may address statutory authority, implementation, procedure, constitutional claims, standing, reviewability, and requested relief. Litigation status must be checked separately from the text of the proclamation.

A presidential proclamation is not the same as an inadmissibility ground. A traveler may be legally qualified for the visa and still be subject to an entry or issuance suspension. Conversely, an exception from the proclamation does not cure a separate inadmissibility ground under INA §212(a).

Presidential Proclamation 10998

Current Nationality-Based Restrictions

Proclamation 10998 divides affected travelers into full-suspension, partial-suspension, and immigrant-only categories. The Palestinian Authority travel-document restriction is document-based rather than a country-nationality category.

Full suspension

All Immigrant and Nonimmigrant Visa Categories

  • Afghanistan
  • Burma
  • Burkina Faso
  • Chad
  • Republic of the Congo
  • Equatorial Guinea
  • Eritrea
  • Haiti
  • Iran
  • Laos
  • Libya
  • Mali
  • Niger
  • Sierra Leone
  • Somalia
  • South Sudan
  • Sudan
  • Syria
  • Yemen

Also covered: persons seeking entry or a visa using travel documents issued or endorsed by the Palestinian Authority, subject to the proclamation’s scope and exceptions.

Partial suspension

All Immigrant Visas and B-1/B-2, F, M, and J Nonimmigrant Visas

  • Angola
  • Antigua and Barbuda
  • Benin
  • Burundi
  • Côte d’Ivoire
  • Cuba
  • Dominica
  • Gabon
  • The Gambia
  • Malawi
  • Mauritania
  • Nigeria
  • Senegal
  • Tanzania
  • Togo
  • Tonga
  • Venezuela
  • Zambia
  • Zimbabwe
Immigrant-only suspension

Turkmenistan

Immigrant visa issuance and immigrant entry are suspended for covered nationals of Turkmenistan. Nonimmigrant visa categories are not included in this Proclamation 10998 suspension, although separate visa eligibility, screening, agency policies, and admission rules still apply.

Threshold Scope Test

Nationality Alone Does Not Complete the Analysis

Outside the United States

Proclamation 10998 applies to a covered person who was outside the United States on the applicable effective date.

No Valid Visa

The covered person also must not have held a valid visa on the applicable effective date. Department of State guidance identifies January 1, 2026, at 12:01 a.m. EST for the current proclamation.

Covered Nationality or Document

Confirm citizenship, nationality, dual nationality, the passport used for travel, and whether a Palestinian Authority-issued or endorsed travel document is involved.

Covered Visa Classification

Full-suspension countries cover all immigrant and nonimmigrant categories. Partial countries cover immigrant visas and B-1/B-2, F, M, and J visas. Turkmenistan is immigrant-only.

Categorical Exception

Even a person within the general scope may fall within an express exception for lawful permanent residents, qualifying dual nationals, specified official visas, or another protected class.

Case-Specific Exception

A traveler who lacks a categorical exception may be considered for a discretionary national-interest exception by an authorized official.

Valid visas were not revoked under Proclamation 10998 solely because of the proclamation. A person with a valid visa on the effective date falls outside its stated scope, but the visa can still be reviewed, cancelled, or revoked under other legal authority, and CBP retains admission authority at the port of entry.

Visa, Entry, and Status

Three Different Legal Questions Must Be Kept Separate

Visa Issuance

A consular officer decides whether the applicant qualifies for a visa and whether the proclamation permits issuance. Applicants may still be allowed to submit applications and attend interviews even when issuance is suspended.

Admission at the Border

CBP decides whether a traveler may enter. A valid visa is not a guarantee of admission, and a proclamation exception does not eliminate other grounds of inadmissibility.

Lawful Status Inside the United States

An entry proclamation ordinarily addresses entry rather than automatically terminating an existing lawful status. Extension, change of status, adjustment, departure, advance parole, and consular processing require separate analysis.

Do Not Travel Based Only on the Visa Foil

Before departure, review the proclamation’s effective-date rules, the validity and classification of the visa, any dual-national exception, separate visa revocation or cancellation, airline-document requirements, CBP admissibility issues, and the consequences of being unable to return.

Categorical Exceptions

Who Is Expressly Excepted From Proclamation 10998?

Lawful Permanent Residents

U.S. lawful permanent residents are expressly excepted. The traveler must still establish permanent resident status and admissibility and should address any abandonment, criminal, removal, or document issue.

Qualifying Dual Nationals

A dual national is excepted when traveling on a passport issued by a country not designated by the proclamation. Passport choice, identity consistency, visa placement, and carrier records matter.

Specified Official Visas

Exceptions cover A-1, A-2, C-2, C-3, G-1, G-2, G-3, G-4, NATO-1, NATO-2, NATO-3, NATO-4, NATO-5, and NATO-6 classifications.

Major Sporting Events

Certain athletes, team members, necessary support personnel, and immediate relatives traveling for the World Cup, Olympics, or another major sporting event designated by the Secretary of State may qualify.

Certain U.S. Government SIVs

Certain special immigrant visas for persons employed by the U.S. government may be excepted under the terms of the proclamation. The exact statutory classification and evidence must be confirmed.

Persecuted Minorities From Iran

Immigrant visas for ethnic and religious minorities facing persecution in Iran are expressly excepted, subject to proof and ordinary visa eligibility.

Earlier family, adoption, and Afghan SIV exceptions were narrowed. Proclamation 10998 removed the broad categorical exceptions that Proclamation 10949 had provided for immediate-relative immigrant visas, adoption visas, and Afghan Special Immigrant Visas. A case may still require national-interest review or another specific exception.

National-Interest Exceptions

Is There a Proclamation Waiver or Exception Procedure?

Not an INA §212 Waiver

The relief is commonly called a proclamation waiver, but Proclamation 10998 describes case-by-case national-interest exceptions. It is distinct from Form I-601, Form I-212, or an INA §212(d)(3) waiver.

No Universal Standalone Form

The proclamation does not establish one public form or one filing office for every case. Procedure may depend on the visa post, DHS component, stage of the case, and agency guidance.

Authorized Decision Makers

The Attorney General, Secretary of State, and Secretary of Homeland Security—or authorized designees—may make case-by-case national-interest determinations within their respective authority.

Discretionary Determination

Meeting ordinary visa requirements does not compel an exception. The request should connect concrete facts to a defined U.S. national interest and explain why the particular travel should be permitted.

Visa Process May Be the Vehicle

For many applicants, consideration occurs during ordinary visa processing after the application and interview. The post may request evidence, refer the case, or deny issuance if no exception is granted.

Adoption Cases

Department of State guidance states that qualifying adoption cases should continue the normal visa process and need not complete a separate additional step to be considered for a case-by-case national-interest exception.

A strong request is individualized. It should identify the exact proclamation section, applicant, visa classification, proposed travel, U.S. interest, supporting government or institutional evidence, urgency, duration, security considerations, and requested agency action. Generic hardship alone may not establish national interest.

Evidence Strategy

What to Include in a National-Interest Exception Request

Identity and Nationality

Passports, citizenship records, dual-national documents, prior passports, travel documents, aliases, and a clear explanation of which passport will be used.

Visa Classification

Visa application, petition approval, program forms, employment letter, invitation, family petition, or other evidence establishing the requested classification.

Proclamation Analysis

A concise legal explanation of why the applicant is covered, outside scope, categorically excepted, or eligible for discretionary national-interest treatment.

Specific U.S. Interest

Government contracts, public health, critical infrastructure, national security, economic investment, scientific work, education, urgent family welfare, or another concrete U.S. interest.

Third-Party Support

Letters from agencies, employers, hospitals, universities, project leaders, investors, U.S. relatives, event organizers, or public institutions with first-hand knowledge.

Urgency and Timing

Fixed project dates, medical needs, academic start dates, court deadlines, expiring petitions, aging-out concerns, scheduled events, or other time-sensitive consequences.

Security and Compliance

Prior lawful travel, status compliance, background records, limited itinerary, return plans, and direct responses to any screening or admissibility concern.

Alternative Analysis

Explain why remote participation, delay, replacement personnel, a different location, or another visa class would not adequately serve the identified U.S. interest.

Requested Action

State precisely whether the applicant seeks visa issuance, permission to board and seek admission, expedited review, referral for exception consideration, or clarification of coverage.

Visa-Class Impact

How the Current Proclamation Affects Common Travelers

Business Travelers

B-1 and B-1/B-2 issuance is suspended for both full- and partial-suspension countries. A business purpose does not itself create an exception; the traveler may need a categorical or national-interest exception.

Tourists

B-2 and B-1/B-2 visas are covered for full- and partial-suspension countries. Existing valid-visa scope rules and dual-national exceptions should be analyzed before travel.

Students and Exchange Visitors

F, M, and J visas are suspended for full- and partial-suspension countries. School admission, Form I-20, Form DS-2019, or SEVIS payment does not override the proclamation.

Immediate Relatives

Spouses, children, and parents of U.S. citizens no longer have the broad categorical exception contained in the earlier proclamation. National-interest consideration may be necessary.

Employment-Based Immigrants

All immigrant visa classifications are covered for the 39 listed nationalities, subject to scope rules and exceptions. Petition approval and visa availability do not displace the proclamation.

Temporary Workers

For partial-suspension countries, many temporary worker categories outside B, F, M, and J are not suspended by Proclamation 10998. Full-suspension countries remain covered across all nonimmigrant categories.

Investors and Executives

E-1, E-2, L-1, and O-1 visas are covered for full-suspension countries but are not among the listed nonimmigrant classes suspended for partial-suspension countries. Other eligibility and screening rules remain.

Adoption Cases

The prior categorical adoption exception was removed. Department guidance permits normal processing and case-by-case national-interest consideration without a separate preliminary request.

Refugees and Asylum Seekers

The proclamation states that it does not limit the ability to seek asylum, refugee status, withholding of removal, or protection under the Convention Against Torture consistent with U.S. law.

High-Value Exceptions

Three Rules That Often Change the Outcome

Dual-National Exception

Confirm that the traveler genuinely holds nationality and a valid passport from a non-designated country and will travel on that passport. Review whether the visa is in the same passport and whether records consistently reflect both nationalities.

Read the dual-national exception guide

Lawful Permanent Resident Exception

A green card holder is expressly excepted, but abandonment, extended absence, criminal history, removal orders, rescission, or an invalid document can create separate problems.

Read the LPR exception guide

Valid-Visa Scope Limitation

A covered national who held a valid visa on January 1, 2026, at 12:01 a.m. EST is outside the proclamation’s stated scope. Confirm validity, classification, entries, passport linkage, and whether another authority affected the visa.

Read the valid-visa guide

H-1B Proclamation Litigation

Presidential Proclamation 10973 Requires a Separate Current-Law Check

Court-affected

Original Proclamation

Proclamation 10973 directed a $100,000 payment requirement and related entry restrictions for certain H-1B petitions filed for workers outside the United States. It was issued September 19, 2025, and was scheduled to last twelve months absent extension.

Current litigation posture

Implementation Vacated

On June 8, 2026, the U.S. District Court for the District of Massachusetts vacated DHS and Department of State implementation actions. On July 24, 2026, the First Circuit denied the government’s request to stay that judgment pending appeal.

Practical result as of this review: the original $100,000 implementation requirement should not be treated as currently operative without reviewing the latest USCIS notice, State Department guidance, appellate docket, and any Supreme Court action. The proclamation text, agency implementation, and judicial remedy are legally distinct.

Superseded and Expired Rules

Archive Notices Prevent Outdated Advice

Archived instrumentFormer effectArchive notice
Proclamation 10949
Effective June 9, 2025
Full restrictions for 12 countries and partial restrictions for 7 countries, with broader family, adoption, and Afghan SIV exceptions.Superseded and expanded by Proclamation 10998 effective January 1, 2026. Do not use its exception list for current cases.
Proclamation 10948
Issued June 4, 2025
Restricted certain new F, M, and J entrants seeking to study or participate in exchange programs at Harvard University.Expired after six months absent extension. Retain only for historical cases unless a later instrument is identified.
Earlier COVID-19 and geographic proclamationsRestricted entry based on recent presence in specified countries or regions during the pandemic.Terminated or superseded. Historical proclamations should carry a prominent archive notice and should not appear as current travel advice.

Country-page rule for INA212.com: create a country-specific page only while a current proclamation actually affects that country. When coverage ends, add a dated archive notice rather than leaving an apparently current restriction page online.

Case Analysis

Seven Steps to Determine Whether a Proclamation Blocks Travel

Identify the current controlling instrument

Confirm the proclamation number, amendments, effective date, termination provisions, agency guidance, and current court orders.

Confirm nationality and travel document

Review every citizenship, passport, travel document, dual-national status, place of birth, and the document to be used for visa processing and travel.

Determine the relevant visa and entry category

Separate immigrant from nonimmigrant processing and identify the exact classification, petition, program, and proposed manner of admission.

Apply the effective-date scope rules

Determine where the traveler was on the applicable effective date and whether the traveler held a valid visa at that time.

Test every categorical exception

Analyze LPR status, dual nationality, official visa classifications, sporting-event status, qualifying SIV provisions, and persecuted-minority provisions.

Develop national-interest evidence if needed

Identify the U.S. interest, responsible decision maker, procedural vehicle, supporting institutions, urgency, alternatives, and precise requested action.

Check all independent barriers

Review INA §212(a), INA §214(b), petition validity, visa availability, agency pauses, sanctions, administrative processing, revocation, CBP admissibility, and litigation status.

Documents to Review

Build the Proclamation File Before Requesting Relief

Identity Documents

Current and expired passports, citizenship certificates, national IDs, travel documents, birth records, name-change records, and dual-national evidence.

Visa History

Current and prior visas, DS-160 or DS-260 forms, refusal sheets, CEAC records, revocation notices, interview correspondence, and passport-return records.

Immigration Status

I-94 history, green card, reentry permit, advance parole, notices of action, status approvals, extension or change-of-status filings, and travel dates.

Petition and Program Records

Forms I-129, I-130, I-140, I-360, I-526E, approval notices, Form I-20, Form DS-2019, SEVIS records, and employer or school documentation.

Exception Evidence

Evidence of LPR status, non-designated passport travel, official assignment, sporting event participation, SIV eligibility, or Iranian minority status.

National-Interest Evidence

Agency support, contracts, project records, medical evidence, institutional letters, economic impact, critical dates, and proof that alternatives are inadequate.

Admissibility Records

Criminal dispositions, immigration violations, prior refusals, removal records, misrepresentation issues, security questions, and waiver decisions.

Current Official Guidance

White House text, Federal Register publication, State Department notices, USCIS alerts, CBP guidance, embassy instructions, and relevant court orders.

Travel Logistics

Itinerary, transit visas, carrier requirements, passport matching, planned port of entry, return contingencies, and risks if boarding or admission is refused.

Current-Law Verification

What to Verify Before Relying on a Current Restriction

Effective Date

State the exact date, time, and time zone, including different dates for later-added countries or amended provisions.

Last Legal Review

Check the date counsel last reviewed the proclamation, agency guidance, court docket, amendments, and termination notices.

Current Status

Confirm whether the rule is active, partially effective, enjoined, vacated in implementation, superseded, terminated, or expired.

Covered Groups

Confirm the covered nationalities, travel documents, visa classifications, entry categories, and any institution- or occupation-specific class.

Exceptions

Separate scope limitations, categorical exceptions, national-interest exceptions, and statutory waivers.

Procedure

Identify the responsible agency, stage of consideration, available filing method, required evidence, and whether a formal application exists.

Official Sources

Link the White House text, Federal Register or GovInfo publication, agency implementation guidance, and controlling court orders.

Archive Notice

When a rule changes, preserve the historical page with a prominent superseded or terminated notice and link to the current rule.

Frequently Asked Questions

Presidential Proclamation and Travel Restriction FAQ

What is INA §212(f)?

INA §212(f), codified at 8 U.S.C. §1182(f), authorizes the President to suspend entry of all noncitizens or a defined class, or impose entry restrictions, after finding their entry detrimental to the interests of the United States.

What is the current U.S. nationality-based travel restriction?

As of August 3, 2026, Presidential Proclamation 10998 is the principal current nationality-based proclamation. It fully or partially restricts entry and visa issuance for nationals of 39 countries and for certain travelers using Palestinian Authority-issued or endorsed travel documents.

Does Proclamation 10998 revoke an existing valid visa?

No visa issued before January 1, 2026, at 12:01 a.m. EST was revoked solely under Proclamation 10998. Other revocation, cancellation, inadmissibility, and CBP admission authorities remain separate.

Can a covered applicant still attend a visa interview?

Yes. Department of State guidance states that covered applicants may submit applications and schedule interviews, but they may remain ineligible for visa issuance or admission unless outside the proclamation’s scope or granted an exception.

Are U.S. lawful permanent residents exempt?

Lawful permanent residents are expressly excepted from Proclamation 10998. They still must establish their status and address any abandonment, criminal, removal, or documentary issue.

Does the proclamation have a dual-national exception?

Yes. A dual national may qualify when traveling on a passport issued by a non-designated country. The actual passport used, visa placement, citizenship evidence, and record consistency should be reviewed.

Are spouses of U.S. citizens automatically exempt?

No. Proclamation 10998 removed the earlier broad categorical exception for immediate-relative immigrant visas. A spouse may need to establish another exception or obtain case-by-case national-interest consideration.

Is a national-interest exception the same as an I-601 waiver?

No. A proclamation national-interest exception is separate from statutory inadmissibility waivers such as Form I-601, Form I-212, or INA §212(d)(3). A traveler may need both forms of relief if separate legal barriers exist.

How do I apply for a proclamation waiver?

There is no single universal standalone form under Proclamation 10998. Consideration commonly occurs through visa processing or the responsible agency, and procedure may vary by post, agency, visa category, and current guidance.

Are B-1 business travelers covered?

Yes for nationals of full- and partial-suspension countries. A business purpose alone is not an exception, although a sufficiently documented case may be considered for a discretionary national-interest exception.

Does the proclamation affect people already inside the United States?

An entry proclamation ordinarily governs entry and does not by itself terminate lawful status inside the United States. Departure, consular processing, extension, change of status, adjustment, and return travel require separate analysis.

How often should proclamation advice be updated?

Current-restriction guidance should be checked whenever a case is filed or travel is planned and should display the last legal review date. New proclamations, agency guidance, litigation, amendments, periodic reviews, and terminations can change the result quickly.

National Presidential Proclamation and Travel Restriction Counsel

Determine Whether the Traveler Is Covered, Excepted, or Eligible for National-Interest Consideration

Effective-date rules, dual nationality, valid visas, lawful permanent residence, visa classification, current litigation, and separate inadmissibility grounds can change the result. A careful legal review should identify the controlling instrument, preserve the immigration process, and present the strongest available exception strategy before travel or visa adjudication.

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