The Proclamation Does Not Apply
The person does not meet the proclamation’s threshold conditions—for example, because the person was inside the United States or held a valid visa on the applicable effective date.
Presidential Proclamation Exceptions
Exceptions to U.S. Travel Restrictions Under Presidential Proclamation 10998
Presidential Proclamation 10998 does not affect every national of a listed country in the same way. Some people fall outside its scope because they were inside the United States or held a valid visa on the effective date. Others are covered but qualify for an express categorical exception. A third group must seek discretionary case-by-case national-interest treatment.
The distinction matters. A person outside the proclamation’s scope should prove the controlling facts. A person with a categorical exception should lead with the exact exception and documentary evidence. A person seeking discretionary relief must establish why the particular travel serves a United States national interest.
This page addresses Proclamation 10998, effective January 1, 2026. Separate State Department visa-issuance pauses, inadmissibility grounds, visa-category requirements, and CBP admission authority may still apply after a proclamation exception is established.
Effective dateJanuary 1, 2026
Last legal reviewAugust 3, 2026
Current proclamationProclamation 10998
Exception structureScope, categorical, discretionary
Start With the Correct Category
Scope Exclusion, Categorical Exception, or Discretionary Exception?
The Proclamation Applies, but an Express Exception Controls
The person falls within the general covered class but qualifies as an LPR, qualifying dual national, official traveler, designated sporting-event participant, specified SIV applicant, or Iranian persecuted-minority immigrant applicant.
An Authorized Official Must Exercise Discretion
The Attorney General, Secretary of State, or Secretary of Homeland Security—or authorized designees—must determine that the individual travel advances or serves a qualifying U.S. national interest.
Lead with the strongest legal position. A documented scope exclusion or categorical exception is generally more direct than asking the government to exercise discretion. A national-interest request can be presented in the alternative when appropriate.
Scope Exclusions
Who Is Not Subject to Proclamation 10998?
Inside the United States on the Effective Date
The proclamation’s entry restrictions apply only to covered foreign nationals who were outside the United States on the applicable effective date.
Valid Visa on the Effective Date
The proclamation applies only when the person did not hold a valid visa on January 1, 2026, at 12:01 a.m. Eastern Standard Time.
Nationality or Document Not Covered
A person who is not a national of a designated country and is not seeking to use a covered Palestinian Authority-issued or endorsed travel document may fall outside the proclamation.
Nonimmigrant Class Not Suspended
For partially restricted countries, the suspension covers B-1, B-2, B-1/B-2, F, M, and J visas, not every temporary classification. Other visas may still receive reduced validity.
Asylum or Prior Refugee Admission
The proclamation states that it does not apply to a person granted asylum by the United States or to a refugee already admitted to the United States.
Ability to Seek Humanitarian Protection
The proclamation does not limit the ability to seek asylum, refugee status, withholding of removal, or Convention Against Torture protection consistent with U.S. law.
“Outside scope” does not mean “guaranteed visa or admission.” The person must still establish visa eligibility and admissibility and may face a separate issuance pause, revocation, cancellation, administrative processing, or CBP inspection issue.
Valid Visa Protection
How to Prove the Visa Was Valid on January 1, 2026
Copy of the Visa
Provide a clear color copy showing the visa number, classification, issuance date, expiration date, entries, annotations, passport number, and issuing post.
Passport Evidence
Provide the passport containing the visa and any replacement passport needed for travel. Explain name, nationality, or passport-number changes.
No Prior Revocation
Review consular emails, CEAC information, airline notifications, passport annotations, and prior inspections for evidence that the visa had been revoked or cancelled before the effective date.
Correct Classification
Confirm that the visa classification matches the proposed travel. A valid B-1/B-2 visa does not authorize employment, and a visa issued for another purpose may not support the current trip.
Validity at the Exact Time
The relevant time is 12:01 a.m. EST on January 1, 2026. Time-zone confusion or an expiration date at the boundary should be analyzed precisely.
Subsequent Events
No visa issued before the effective date may be revoked pursuant to the proclamation itself, but another legal authority may support later revocation or cancellation.
Use the correct terminology: holding a valid visa on the effective date is a limitation on the proclamation’s scope, not one of the categorical exceptions listed in section 6(b).
Lawful Permanent Residents
The LPR Categorical Exception
Green Card Holders
Any lawful permanent resident of the United States is expressly excepted from the Proclamation 10998 suspension.
Proof of Status
Carry the unexpired green card, passport, reentry permit where applicable, proof of pending Form I-90 if the card is unavailable, and other evidence requested by the carrier or CBP.
Extended Absence
The exception does not resolve whether the person abandoned residence. Duration abroad, U.S. home, tax treatment, family, employment, intent, and reentry documents remain relevant.
Criminal or Removal Issues
An LPR may be treated as seeking admission under INA §101(a)(13)(C) in specified circumstances and may face inadmissibility or removal issues unrelated to the proclamation.
Expired Green Card
Expiration of the physical card does not necessarily terminate LPR status, but boarding and documentary problems should be solved before travel.
Conditional Residents
Conditional permanent residents are LPRs, but they should carry proof of extended status, a pending or approved Form I-751 or I-829, and any required travel documentation.
Dual Nationals
The Non-Designated Passport Exception
Two Genuine Nationalities
The person must be a dual national and travel on a passport issued by a country not designated under the proclamation.
Passport Used for Travel
The non-designated passport should be used consistently for the visa application, appointment, airline reservation, boarding, transit, and U.S. inspection.
Visa Placement
Review whether the visa appears in the non-designated passport or a different passport and whether the carrier and CBP can reliably connect the documents.
Prior Applications
Confirm that both nationalities and passports were accurately disclosed in prior DS-160, DS-260, ESTA, USCIS, and CBP records.
Place of Birth Is Not Nationality
Birth in a designated country does not automatically establish current nationality, while renunciation or loss of nationality must be supported by reliable law and documents.
Other Restrictions May Differ
A separate State Department issuance pause may contain its own dual-national rule. Apply each policy independently rather than assuming one exception controls all restrictions.
Possessing a second passport is not enough if the traveler does not actually qualify as a national of the issuing country or does not travel on that passport. Document authenticity, nationality law, identity consistency, and the exact travel document matter.
Official Travel
Diplomatic, Transit, International Organization, and NATO Exceptions
A-1 and A-2
Specified foreign government officials and qualifying employees traveling with valid A-1 or A-2 visas are expressly excepted.
C-2 and C-3
Covered transit involving the United Nations Headquarters District and qualifying foreign government officials in transit may fall within the express exception.
G-1 Through G-4
Representatives, employees, and qualifying immediate relatives connected with recognized international organizations may qualify with the correct valid visa.
NATO-1 Through NATO-6
Specified NATO representatives, officials, experts, forces, civilian components, and qualifying dependents are excepted when traveling with the required classification.
Valid Visa Required
The proclamation’s official-travel exception is tied to travel with a valid nonimmigrant visa in one of the listed classifications.
Purpose Must Match
An official visa does not authorize unrelated private employment, tourism, study, or residence. The assignment, invitation, diplomatic note, and itinerary should align.
Not every government-related trip qualifies. A government contractor, state-owned-company executive, honorary official, or private delegate may not fit an A, C, G, or NATO classification and may instead require national-interest review.
Major Sporting Events
Athletes, Team Members, Support Personnel, and Immediate Relatives
Covered Events
The exception applies to the World Cup, Olympics, or another major sporting event determined by the Secretary of State.
Athletes and Team Members
Provide official roster, accreditation, governing-body confirmation, competition schedule, invitation, and the correct visa classification.
Coaches
Document the coaching role, team relationship, event need, accreditation, compensation arrangement, and duration of travel.
Necessary Support Personnel
Medical staff, trainers, equipment specialists, interpreters, security, and other personnel should prove that their role is necessary rather than merely convenient.
Immediate Relatives
The exception expressly includes immediate relatives of qualifying event participants, but the relationship and connection to the covered travel should be documented.
Event Designation
A prominent tournament is not automatically covered. Confirm that the event falls within the proclamation or has been determined to be another qualifying major sporting event.
Special Immigrants
The U.S. Government Employee SIV Exception Is Narrow
Statutory Classification
The exception covers Special Immigrant Visas for U.S. government employees under 8 U.S.C. §1101(a)(27)(D).
Employment Evidence
Provide qualifying U.S. government employment records, recommendation, approval documents, identity records, and evidence tying the case to the specified statutory classification.
Not Every SIV
The exception is not written to cover every special immigrant category. The approval notice, petition, and visa classification must be matched to the cited statute.
Afghan SIVs
The current proclamation removed the broad Afghan Special Immigrant Visa categorical exception previously included in Proclamation 10949.
Alternative National Interest
An Afghan SIV applicant who does not fit the express U.S. government employee exception may need case-by-case national-interest consideration.
Separate Processing Barriers
Security review, document availability, interview location, petition approval, medical validity, and another State Department policy may still affect issuance.
Iranian Minority Exception
Immigrant Visas for Ethnic and Religious Minorities Facing Persecution in Iran
Immigrant Visa Required
The text excepts immigrant visas for ethnic and religious minorities facing persecution in Iran. It is not written as a general exception for every Iranian nonimmigrant traveler.
Minority Status
Document the applicant’s ethnic or religious identity through reliable records, community evidence, declarations, expert evidence, or other appropriate proof.
Facing Persecution
The applicant should establish more than general country conditions. Explain the personal circumstances, past harm, threats, restrictions, or credible prospective danger.
Ordinary Visa Eligibility
The exception removes the proclamation barrier but does not establish an approved petition, available visa number, admissibility, or documentary qualification.
Consistency Matters
Prior asylum, refugee, visa, USCIS, and consular statements should be reviewed for consistent identity and persecution claims.
Confidentiality and Safety
Sensitive religious, political, family, and community evidence should be collected and transmitted carefully, with attention to source safety and authentication.
Removed Exceptions
Exceptions Available Under Proclamation 10949 That No Longer Apply Categorically
Immediate-Relative Immigrant Visas
IR-1/CR-1 spouses, IR-2/CR-2 children, and IR-5 parents of U.S. citizens no longer have a broad categorical exception under Proclamation 10998.
Adoption Visas
IR-3, IR-4, IH-3, and IH-4 adoption visas no longer appear in the categorical exception list.
Afghan Special Immigrant Visas
The broader Afghan SIV exception was removed, leaving only the specifically worded U.S. government employee SIV exception and discretionary relief.
Do Not Use the 2025 Exception List for a 2026 Case
Proclamation 10998 expressly amends and supersedes the exceptions in Proclamation 10949 for the affected countries. A relationship, adoption case, or Afghan SIV classification may support national-interest relief, but it is not automatically exempt merely because it qualified under the earlier proclamation.
Adoption Cases
Special State Department Procedure for Case-by-Case Consideration
Continue the Normal Process
The State Department instructs American families to continue the normal adoption process, submit the visa application, and attend the consular interview.
No Separate Preliminary Step
Families do not need to complete an additional separate step to be considered for a case-by-case national-interest exception under the posted guidance.
Both Restrictions May Matter
An adoption case may be affected by Proclamation 10998 and the separate Department of State immigrant-visa pause. The Department’s adoption guidance addresses exception consideration in both contexts.
Preserve Adoption Eligibility
Continue Hague or orphan-process requirements, suitability approval, custody or adoption orders, Article 5/17 steps, medical review, and visa-document deadlines.
Provide Complete Evidence
Submit the approved petition or provisional approval, adoption records, identity evidence, relationship to the adoptive parents, child-welfare information, and consular documents.
Exception Is Not Visa Approval
The child must still satisfy the statutory adoption category, documentary requirements, medical rules, and any separate ground of inadmissibility.
Discretionary Relief
Three Authorities Can Grant Case-by-Case National-Interest Exceptions
Attorney General
The Attorney General or designee may grant an exception when the individual travel would advance a critical U.S. national interest involving DOJ, including necessary participation in criminal proceedings as a witness.
Secretary of State
The Secretary of State or designee may determine that the individual travel would serve a U.S. national interest, in coordination with DHS.
Secretary of Homeland Security
The Secretary of Homeland Security or designee may determine that the individual travel would serve a U.S. national interest, in coordination with the Department of State.
The proclamation does not create a universal public application form. The procedural vehicle depends on the agency, visa or admission posture, and current implementation guidance. Most visa applicants raise the request through consular processing.
National-Interest Standard
What Facts May Support a Discretionary Exception?
Government Operations
Agency missions, diplomatic commitments, official programs, procurement, law-enforcement needs, national security, and other documented government interests.
Criminal Proceedings
Necessary witnesses, defendants, experts, victims, evidence custodians, or other participants whose presence is important to a DOJ-related criminal matter.
Critical Infrastructure
Energy, transportation, communications, water, manufacturing, cybersecurity, defense, and other systems whose operation or safety requires the person’s presence.
Public Health and Medical Need
Patient treatment, specialized care, clinical operations, public-health response, medical research, caregiver necessity, or urgent health consequences.
Economic and Business Interest
Substantial U.S. investment, job creation, major contracts, supply chains, facility operations, regulatory obligations, or significant economic loss.
Science and Technology
Government-funded research, critical technologies, unique expertise, laboratory work, safety, innovation, and projects serving an identifiable U.S. objective.
Education
Programs or research with a documented national dimension, institutional necessity, public funding, specialized training, or consequences beyond the applicant’s personal education.
Family and Child Welfare
Adoption, urgent medical care, child safety, military-family readiness, government-family needs, or other facts connecting family travel to a broader U.S. interest.
Major Events and Commitments
International obligations, designated events, judicial deadlines, treaty-related activity, or another fixed commitment whose disruption would harm U.S. interests.
Personal hardship can be relevant but may not be sufficient by itself. The submission should explain how the requested travel serves a concrete United States interest and why the individual’s presence is necessary now.
Evidence
How to Document a Proclamation Exception
Legal Memorandum
Cite the exact scope provision or exception, explain the facts, identify separate restrictions, and state the precise action requested.
Identity and Nationality
Passports, citizenship certificates, travel documents, birth records, national IDs, dual-national evidence, aliases, and certified translations.
Effective-Date Evidence
Visa copy, passport, I-94, travel records, airline itinerary, entry and departure history, and evidence showing where the person was on January 1, 2026.
Visa Classification
Petition approval, DS confirmation, Form I-20, Form DS-2019, immigrant petition, invitation, employment evidence, or other proof of the requested classification.
Third-Party Support
Detailed letters from agencies, employers, hospitals, universities, courts, prosecutors, event organizers, petitioners, or other institutions with first-hand knowledge.
Objective U.S. Interest
Contracts, grants, project schedules, patient records, government correspondence, economic data, public programs, facility records, or court documents.
Necessity
Explain why remote participation, postponement, substitute personnel, a different traveler, or another visa class would not adequately protect the interest.
Urgency
Fixed dates, medical timing, project deadlines, academic cutoffs, court schedules, aging-out, petition expiration, and other consequences of delay.
Admissibility and Compliance
Address criminal records, prior refusals, immigration violations, inconsistencies, security screening, and any statutory waiver required in addition to proclamation relief.
Procedural Strategy
How to Present the Exception Request
Confirm the current proclamation and agency guidance
Verify that Proclamation 10998 remains controlling and check later amendments, termination notices, country reviews, embassy instructions, and court orders.
Determine whether the person is actually covered
Apply nationality, travel-document, visa-class, physical-location, and valid-visa rules before requesting discretionary relief.
Lead with any categorical exception
Identify the exact section and provide objective proof of LPR status, dual nationality, official classification, sporting-event role, SIV statute, or Iranian minority eligibility.
Identify every separate restriction
Check the Department of State immigrant-visa pause, Diversity Visa pause, visa bond, administrative processing, sanctions, inadmissibility, and CBP issues.
Develop the national-interest alternative
Define the U.S. interest, why the person is necessary, timing, alternatives, supporting institutions, and the authorized decision maker.
Submit through the correct channel
Use the ordinary visa process, consular instructions, DHS procedure, DOJ coordination, or another authorized mechanism rather than sending unsupported requests to unrelated offices.
Preserve the record and deadlines
Retain proof of submission, refusal sheets, interview notes, CEAC status, responses, passport handling, petition validity, medical validity, and any statutory deadline.
Layered Restrictions
An Exception From Proclamation 10998 May Not Permit Visa Issuance
| Other barrier | Why the proclamation exception is not enough | Separate response |
|---|---|---|
| 75-country immigrant-visa pause | The Department of State policy may independently pause issuance to a nationality even after Proclamation 10998 relief. | Apply the separate policy’s exemption or exception procedure and confirm current guidance. |
| Diversity Visa issuance pause | The posted policy applies worldwide and states that no Diversity Visas will be issued during the pause. | Preserve the case, fiscal-year deadline, and litigation options; proclamation relief alone does not remove the DV pause. |
| INA §212(a) inadmissibility | A proclamation exception does not cure fraud, crime, unlawful presence, removal, health, security, or another statutory bar. | Challenge the finding or seek the correct statutory waiver where available. |
| INA §214(b) | A nonimmigrant applicant must still prove the visa category and overcome immigrant-intent requirements where applicable. | Develop purpose, residence, ties, finances, and category-specific evidence. |
| INA §221(g) | Missing documents or administrative processing may prevent issuance independently. | Submit requested evidence, complete screening, preserve the one-year period, and assess delay remedies. |
| Petition or program defect | An expired, revoked, or incorrect petition, I-20, DS-2019, or approval notice cannot be repaired through a proclamation exception. | Obtain amendment, extension, reaffirmation, new petition, or corrected program document. |
| CBP admissibility | A visa and proclamation exception permit travel to seek admission but do not guarantee entry. | Prepare documentary proof, consistent answers, itinerary, petition records, and response to prior CBP issues. |
Common Mistakes
Why Proclamation Exception Requests Fail
Using an Outdated Exception List
The submission relies on immediate-relative, adoption, or Afghan SIV categorical exceptions that were removed by Proclamation 10998.
Requesting Discretion Without Checking Scope
The person may already be outside the proclamation because of a valid visa, physical location, nationality, or visa classification.
Generic National Interest
The request states that travel is important but does not identify a concrete U.S. objective or why this individual is necessary.
Personal Hardship Only
The evidence shows inconvenience or family separation without connecting the travel to the national-interest authority being invoked.
No Institutional Corroboration
The applicant makes broad claims without support from the employer, government agency, hospital, school, court, event organizer, or other knowledgeable institution.
Wrong Visa Category
The proposed U.S. activities do not fit the visa requested, even if the travel would be beneficial.
Ignoring a Separate Pause
The request addresses Proclamation 10998 but not the 75-country immigrant-visa pause, DV pause, administrative processing, or other current restriction.
Inconsistent Passport Use
A dual national relies on a non-designated passport but submits, books, or travels using the designated-country passport.
Unresolved Adverse Record
Prior fraud, criminal, overstay, removal, security, or CBP information remains unaddressed and independently prevents issuance.
After an Adverse Decision
What to Do if the Exception Was Not Recognized or Granted
Obtain the Refusal Basis
Identify whether the case was refused under the proclamation, INA §221(g), INA §214(b), an inadmissibility provision, or several authorities.
Correct a Scope Error
Present proof of valid visa, physical location, LPR status, nationality, passport, visa classification, or another objective fact the post overlooked.
Strengthen the Categorical Record
Provide missing green card, citizenship, passport, diplomatic note, event accreditation, statutory SIV, or persecution evidence.
Develop a Better National-Interest Case
Add direct institutional support, objective economic or operational evidence, urgency, necessity, alternatives analysis, and a precise requested action.
Seek Reconsideration
A focused legal submission may request post-level reconsideration when the decision rests on overlooked evidence, incorrect law, or changed material facts.
Use the Correct Parallel Remedy
Address waivers, petition action, records correction, LegalNet, advisory review, reapplication, or litigation according to the actual remaining barrier.
Frequently Asked Questions
Presidential Proclamation Exceptions FAQ
What are the exceptions to Presidential Proclamation 10998?
The proclamation contains categorical exceptions for lawful permanent residents, qualifying dual nationals, specified official visa holders, certain major sporting-event travelers, specified U.S. government employee SIVs, and immigrant visas for ethnic and religious minorities facing persecution in Iran. It also authorizes case-by-case national-interest exceptions.
Is a valid visa an exception?
Technically, holding a valid visa on the effective date is a limitation on the proclamation’s scope. The proclamation generally applies only to covered persons outside the United States who lacked a valid visa on January 1, 2026, at 12:01 a.m. EST.
Are lawful permanent residents exempt?
Yes. Lawful permanent residents are expressly excepted, although abandonment, criminal, removal, and documentary issues may independently affect travel and admission.
How does the dual-national exception work?
A dual national qualifies when traveling on a passport issued by a country not designated in the proclamation. The non-designated passport should be used consistently throughout visa processing and travel.
Which official visas are exempt?
The listed classifications are A-1, A-2, C-2, C-3, G-1, G-2, G-3, G-4, and NATO-1 through NATO-6.
Are World Cup and Olympic travelers exempt?
Certain athletes, team members, coaches, necessary support personnel, and immediate relatives traveling for the World Cup, Olympics, or another major sporting event determined by the Secretary of State are excepted.
Are spouses and children of U.S. citizens automatically exempt?
No. Proclamation 10998 removed the earlier categorical exception for immediate-relative immigrant visas. Another categorical exception or a discretionary national-interest exception may be required.
Are adoption visas exempt?
Adoption visas are no longer categorically exempt. The State Department states that qualifying adoption cases can receive case-by-case national-interest consideration through the normal adoption visa process without a separate preliminary step.
Are Afghan Special Immigrant Visas exempt?
The broad Afghan SIV categorical exception was removed. The current proclamation expressly excepts specified U.S. government employee SIVs under 8 U.S.C. §1101(a)(27)(D), and other cases may require national-interest review.
Who can grant a national-interest exception?
The Attorney General, Secretary of State, and Secretary of Homeland Security—or authorized designees—may grant case-by-case exceptions within the authority and coordination requirements stated in the proclamation.
Is there a form for a proclamation exception?
There is no universal public form for every case. Procedure depends on the responsible agency and case posture, and visa applicants commonly raise the request through consular processing.
Does a proclamation exception guarantee visa issuance?
No. The applicant must still qualify for the visa, overcome any inadmissibility ground, complete administrative processing, satisfy documentary requirements, and obtain admission from CBP.
Related Guides
Continue With the Exception Matching the Case
Presidential Proclamations
Current restrictions, INA §212(f), affected visas, exceptions, procedures, and archived rules.
Current U.S. Travel Restrictions
Covered countries, visa classes, effective dates, separate pauses, visa bonds, and official sources.
Proclamation Waiver
National-interest exception standards, evidence, procedure, decision makers, and discretion.
Dual-National Exception
Nationality proof, passport selection, visa placement, airline records, and CBP inspection.
LPR Exception
Green card travel, extended absence, abandonment, reentry documents, and admission.
Valid Visa Exception
Effective-date scope, expiration, revocation, cancellation, replacement passports, and travel.
Business Traveler Exception
Executives, investors, contracts, projects, economic impact, necessity, and urgency.
Student Visa Restrictions
F, M, and J coverage, school evidence, start dates, research, and national interest.
Family Immigrant Visa Restrictions
Spouses, children, parents, adoption, hardship, and national-interest review.
Travel Ban Lawyer
Coverage review, exception strategy, layered restrictions, consular advocacy, and travel risk.
Inadmissibility Waivers
Separate statutory relief that may remain necessary after a proclamation exception.
Consular Reconsideration
Correcting legal error, presenting new evidence, and requesting post-level review.
Primary Authorities
Official Proclamation and Department of State Sources
National Presidential Proclamation Exception Counsel
Establish the Strongest Available Scope Exclusion, Categorical Exception, or National-Interest Request
The legal submission should identify the exact provision, prove every required fact, address separate visa restrictions and inadmissibility, and request action through the correct agency channel. Effective-date evidence, passport choice, immigration status, official classification, institutional support, and a well-documented U.S. interest can determine whether travel is permitted.
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