All Temporary Worker Visas
H-1B, H-2A, H-2B, H-3, L-1, O-1, P, Q, R, E, I, TN, and other nonimmigrant categories are generally suspended for covered nationals of full-suspension countries.
Temporary Worker and Employment Immigrant Restrictions
Employment Visa Restrictions Under Presidential Proclamation 10998
Presidential Proclamation 10998 affects employment travel differently depending on the worker’s nationality and visa classification. Nationals of full-suspension countries are generally barred across all temporary-worker and employment-immigrant classifications. Nationals of partial-suspension countries are barred from all immigrant visas and from B, F, M, and J nonimmigrant visas, but most E, H, I, L, O, P, Q, R, and TN employment classifications are not listed in the nonimmigrant suspension.
An approved Form I-129, Form I-140, labor certification, EB-1A petition, EB-2 National Interest Waiver, L-1 blanket petition, or EB-5 investment does not override the proclamation. The worker must first establish that the restriction does not apply, qualify for a categorical exception, or obtain case-by-case national-interest relief.
Current-law notice: a separate H-1B proclamation and its $100,000-payment implementation have been litigated. Agency implementation was vacated June 8, 2026, and the First Circuit denied a stay July 24, 2026. The appeal remains pending. Verify the live filing requirements before every H-1B submission.
Current proclamationProclamation 10998
Effective dateJanuary 1, 2026
Last legal reviewAugust 3, 2026
Key distinctionFull countries vs. partial countries
Current Rule
Which Employment Visas Are Suspended?
All Employment Immigrant Visas
EB-1, EB-2, EB-3, EB-4, EB-5, derivatives, and other immigrant classifications are suspended for covered nationals.
Most Employment Nonimmigrants Not Listed
The partial-country nonimmigrant suspension specifically lists B, F, M, and J. Most E, H, I, L, O, P, Q, R, and TN employment categories are not listed, although validity reductions and other requirements may apply.
All Employment Immigrants
Every immigrant category is suspended for covered nationals of the partial-country group, including EB-1 through EB-5.
Immigrant Visas Only
The proclamation lifted Turkmenistan’s prior B, F, M, and J nonimmigrant suspension but retains its immigrant-visa suspension.
Full Visa Suspension
Persons seeking to use travel documents issued or endorsed by the Palestinian Authority are subject to the full immigrant and nonimmigrant suspension, subject to scope and exceptions.
Do not treat every employment case alike. An H-1B applicant from Nigeria and an H-1B applicant from Iran face different Proclamation 10998 coverage because Nigeria is partially restricted while Iran is fully restricted.
Covered Countries
Full and Partial Employment Visa Restrictions
All Immigrant and Nonimmigrant 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, and Yemen.
A covered national generally cannot receive or use an H, L, O, E, P, R, employment immigrant, or other visa absent a scope limitation or exception.
All Immigrants; B, F, M, and J Nonimmigrants
Angola, Antigua and Barbuda, Benin, Burundi, Côte d’Ivoire, Cuba, Dominica, Gabon, The Gambia, Malawi, Mauritania, Nigeria, Senegal, Tanzania, Togo, Tonga, Venezuela, Zambia, and Zimbabwe.
Employment immigrant visas are suspended. Most petition-based temporary-worker classifications are not listed in the nonimmigrant suspension, but visa validity must be reduced to the extent permitted by law.
Scope Test
When Does Proclamation 10998 Apply to the Worker?
Covered Nationality or Document
The worker is a national of a designated country or seeks to use a covered Palestinian Authority-issued or endorsed travel document.
Outside the United States
The person was outside the United States on January 1, 2026, at 12:01 a.m. Eastern Standard Time.
No Valid Visa
The person did not hold a valid visa at the applicable effective time.
Valid Visa on Effective Date
A covered worker who held a valid visa at that time is outside the proclamation’s stated scope, even if the visa later expires.
Inside the United States
A person physically present inside the United States at the effective time does not satisfy the outside-the-country condition.
Departure Changes the Practical Problem
A worker may maintain status inside the United States but be unable to obtain a new visa or return after departure.
Preserve historical evidence. Keep the visa, passport, I-94, travel history, payroll, petition approval, and proof of the worker’s location on January 1, 2026.
Available Exceptions
How Can an Employment Applicant Overcome the Restriction?
Lawful Permanent Resident
An LPR is expressly excepted, although an existing green card holder ordinarily does not need an employment visa.
Dual National
A genuine dual national is excepted when applying and traveling on a passport issued by a non-designated country.
Official Visa Classification
Specified A, C, G, and NATO visa holders may qualify when the official classification accurately fits the assignment.
Major Sporting Event
Qualifying athletes, team members, coaches, necessary support personnel, and immediate relatives may use the sporting-event exception.
Certain U.S. Government Employee SIVs
The proclamation preserves a narrow exception for certain special immigrants employed by the U.S. government under INA §101(a)(27)(D).
National-Interest Exception
State, DHS, or DOJ may provide case-by-case relief when the individual travel would serve or advance a qualifying United States national interest.
Temporary Worker Categories
Employment Nonimmigrant Visa Matrix
| Category | General purpose | Proclamation issue |
|---|---|---|
| H-1B | Specialty occupation, qualifying fashion model, physician, or DOD-related work. | Suspended for full-country nationals; generally not listed for partial countries. Separate Proclamation 10973 litigation must be checked. |
| H-1B1 | Specialty-occupation professionals from Chile or Singapore. | Nationality itself limits this category. Review the worker’s other nationality, passport used, and applicable country restriction. |
| H-2A | Temporary or seasonal agricultural labor. | Full-country suspension may apply; separate H-2 eligible-country and labor-certification rules remain. |
| H-2B | Temporary or seasonal nonagricultural labor. | Full-country suspension may apply; cap, eligible-country, temporary-need, and labor-certification rules remain. |
| H-3 | Training not available in the home country or special-education exchange. | Full-country suspension may apply; online-presence review and the nonproductive-training rules remain. |
| L-1 | Intracompany managers, executives, or specialized-knowledge employees. | Suspended for full countries; generally not listed for partial countries. Qualifying organization and employment history remain essential. |
| O-1 | Extraordinary ability or achievement. | Petition approval does not override a full-country suspension. A strong record may support national-interest relief but does not guarantee it. |
| P | Athletes, entertainers, artists, and essential support. | Use the categorical sporting-event exception when available; other P travel from full countries may require national-interest relief. |
| Q-1 | International cultural-exchange employment and training. | Full-country suspension may apply; Q applicants are also within expanded online-presence review. |
| R-1 | Temporary religious workers. | Full-country suspension may apply; employer eligibility, religious occupation, compensation, and online review remain separate. |
| E-1 / E-2 | Treaty trade or qualifying investment. | Suspended for full countries; generally not listed for partial countries. Treaty nationality and enterprise ownership independently control. |
| TN | Qualifying Canadian and Mexican USMCA professionals. | Only Canadian or Mexican citizens qualify, so Proclamation 10998 ordinarily matters only when dual nationality, passport use, or another restriction creates an issue. |
| I | Foreign media representatives performing qualifying informational work. | Suspended for full-country nationals; generally not listed for partial-country nationals. Correct media activity is required. |
Partial-Country Workers
E, H, I, L, O, P, Q, R, and TN Visas Are Usually Not Listed in the Partial Suspension
Petition-Based Workers
Most H, L, O, P, Q, and R applicants from partial countries can continue through ordinary petition and visa processing, subject to all other requirements.
Treaty and Professional Workers
E and TN applicants are not within the listed B, F, M, and J suspension, but must satisfy nationality-specific treaty or USMCA rules.
Foreign Media
I visas are not listed in the partial suspension, but the applicant must perform qualifying foreign-media work rather than ordinary commercial production.
Shorter Visa Validity
The proclamation directs consular officers to reduce the validity of other nonimmigrant visas for partial-country nationals to the extent permitted by law.
Petition and Eligibility
The worker still needs the approved petition, labor certification where required, correct employer, valid job, credentials, and admissibility.
Administrative Processing
Security, technology, military, sanctions, employer, identity, online-presence, or fraud screening can delay issuance despite the category not being suspended.
Do not request a proclamation waiver when the visa class is not suspended. The stronger submission explains why the partial-country provision does not cover the requested employment classification and then establishes ordinary visa eligibility.
Petition Approval
What an Approved Form I-129 Does—and Does Not—Establish
Establishes Petition Classification
USCIS approval generally recognizes the petitioning employer, beneficiary, classification, validity period, and underlying facts under the petition standard.
Does Not Issue a Visa
USCIS petition approval does not place a visa in the passport or compel the Department of State to issue one.
Does Not Override §212(f)
The approved petition does not remove Proclamation 10998, Proclamation 10973, or another presidential entry restriction.
Does Not Cure Inadmissibility
Criminal, fraud, unlawful presence, removal, health, security, and other grounds remain independently enforceable.
Facts Must Remain Accurate
Termination, worksite change, corporate restructuring, job change, project end, or loss of the qualifying relationship can undermine visa and admission eligibility.
CBP Still Decides Admission
The visa and petition permit travel to request admission. CBP independently reviews classification, documents, employer, work, and admissibility.
Do Not Tell the Consulate That USCIS “Already Approved the Visa”
USCIS approved the petition classification. The consular officer retains authority over visa eligibility, and CBP retains admission authority.
Workers Already in the United States
Status Extension or Change Does Not Guarantee Return After Travel
Inside-U.S. Petition Approval
USCIS may approve an extension or change of status for a worker inside the country even when the person later faces consular restrictions abroad.
Visa Stamp Still Needed
After departure, most workers need a currently valid visa in the appropriate category to return unless visa exempt or within a narrow revalidation rule.
Departure Can Abandon a Change Request
International travel can affect the change-of-status portion of a pending petition even when the underlying classification request continues.
Consular Processing Risk
A worker protected while inside the United States may become unable to obtain a new visa after leaving.
Employment Authorization
Petition approval, I-94, portability, cap-gap, EAD, and employer-specific authorization should be reviewed before any departure or job change.
Dependent Family
H-4, L-2, O-3, P-4, R-2, and other dependents require separate nationality, visa, status, work-authorization, and proclamation analysis.
Do not leave the United States merely because the petition was approved. Confirm visa eligibility, proclamation coverage, post operations, screening, and the ability to resume employment after return.
Valid Visa and Dual Nationality
The Two Most Important Objective Employment Exceptions
Valid Visa on January 1, 2026
A covered worker who held a valid visa at 12:01 a.m. EST on the effective date is outside Proclamation 10998’s scope. Preserve the prior visa even if it later expires, because historical validity may control the legal analysis.
A later expiration, revocation, cancellation, exhausted single entry, damaged foil, or changed employer can still prevent travel under that visa.
Dual National Using Non-Designated Passport
A genuine dual national may qualify by applying and traveling on a passport issued by a non-designated country. Use the same passport for the DS-160 or DS-260, visa issuance, airline record, and inspection.
The selected passport must also support treaty, reciprocity, E-visa, H-1B1, TN, or other nationality-specific eligibility where relevant.
Separate H-1B Proclamation
Proclamation 10973 and the $100,000 Payment Litigation
Original Restriction
Proclamation 10973 directed restrictions on certain H-1B petitions and entry unless accompanied or supplemented by a $100,000 payment, subject to national-interest exceptions.
Implementation Policy Vacated
The U.S. District Court for the District of Massachusetts declared the agency policy implementing the payment requirement unlawful and vacated it in its entirety.
Stay Denied
The First Circuit denied the federal government’s request to stay the June 8 judgment while the appeal proceeds.
Litigation Is Not Final
The merits appeal remains pending. A later appellate, en banc, Supreme Court, agency, or presidential action could change the filing rules.
Policy Versus Proclamation
The district court vacated the agency implementation policy. The page should not inaccurately state that the presidential proclamation itself was formally vacated.
PP 10998 Still Applies Independently
An H-1B worker from a full-suspension country may remain barred under Proclamation 10998 regardless of the separate payment litigation.
Verify the Filing Day, Not Last Month’s Rule
USCIS has updated H-1B pages to acknowledge the June 8 vacatur and July 24 stay denial. Check current USCIS forms, fee instructions, court orders, and agency alerts immediately before filing or travel.
Expanded Screening
Online-Presence Review and Employment Visa Administrative Processing
H-1B and H-4
H-1B and H-4 visa applicants are included in expanded online-presence review.
H-3, Q, and R
The Department’s expanded review also reaches additional listed categories relevant to training, cultural exchange, and religious work.
Profiles Should Be Public
Current Department instructions direct covered applicants to adjust social-media privacy settings to public or open to facilitate vetting.
Application Consistency
Online employment, education, research, political, military, organizational, and biographical information should be consistent with the DS form and petition.
Technical Fields
AI, aerospace, nuclear, biological, semiconductor, cybersecurity, defense, energy, telecommunications, and other technologies may receive additional scrutiny.
Company and Ownership Review
Foreign ownership, sanctions, government links, export controls, end users, projects, customers, and source of funds may trigger further review.
Do not delete, conceal, or rewrite online history to influence the visa review. Inconsistency or concealment can create a credibility or misrepresentation issue beyond ordinary administrative processing.
Employment Immigrant Visas
EB-1 Through EB-5 Are Suspended for Covered Nationals
| Preference | Typical classification | Restriction and evidence issue |
|---|---|---|
| EB-1A | Extraordinary ability self-petitioner | I-140 approval does not establish a proclamation exception. Acclaim and U.S. work may support a national-interest request, but entry must be tied to a concrete present U.S. interest. |
| EB-1B | Outstanding professor or researcher | Employer and institutional letters should explain the research, teaching, funding, project, applicant’s role, and consequences of delayed entry. |
| EB-1C | Multinational manager or executive | Document U.S. operations, investment, jobs, corporate role, launch, transition, and why this manager or executive is necessary now. |
| EB-2 NIW | Advanced-degree or exceptional-ability applicant with National Interest Waiver | NIW approval waives the job offer and labor certification under a separate standard. It does not automatically satisfy Proclamation 10998’s case-by-case entry exception. |
| EB-2 PERM | Advanced-degree or exceptional-ability worker with labor certification | Approved labor certification and I-140 establish petition eligibility, not proclamation relief or current visa availability. |
| EB-3 | Professional, skilled worker, or other worker | Employer need, recruitment, and labor certification do not override the immigrant suspension. Document critical operations and individual necessity if seeking relief. |
| EB-4 | Certain special immigrants | Apply the narrow U.S. government employee SIV exception precisely. Other EB-4 classes may remain covered. |
| EB-5 | Immigrant investor | Investment and job creation can support a U.S. economic interest, but approved I-526 or I-526E status does not create a categorical proclamation exception. |
| Derivatives | Spouse and qualifying unmarried child | Each derivative needs an independent nationality, passport, scope, inadmissibility, documentation, and timing analysis. |
“National Interest Waiver” and “National Interest Exception” are different. An EB-2 NIW concerns the statutory job-offer and labor-certification requirements. A Proclamation 10998 exception concerns entry and visa issuance under a presidential suspension.
Separate 75-Country Pause
Employment Immigrant Applicants May Face a Second Issuance Barrier
75 Nationalities
The State Department paused immigrant visa issuance to nationals of 75 listed countries while reviewing screening and public-benefit policy.
EB-1 Through EB-5 Included
The policy applies to immigrant visa applicants generally and therefore can independently block employment-based issuance.
Interviews Continue
Affected applicants may submit applications and attend interviews, and the Department continues to schedule immigrant visa interviews.
Dual Nationals
A dual national applying with a valid passport from a country not on the 75-country list is exempt from the pause.
Different Country List
An employment immigrant may be covered by Proclamation 10998, the 75-country pause, both, or neither.
Separate Relief Analysis
A Proclamation 10998 national-interest exception does not necessarily eliminate the separate State Department pause.
Analyze both country lists before paying for medicals or international travel. The separate pause reaches many nationalities not named in Proclamation 10998.
SIV Distinctions
Which Employment-Related Special Immigrants Are Excepted?
INA §101(a)(27)(D)
The proclamation excepts certain special immigrants who were employees of the U.S. government abroad and are classified under the cited statutory provision.
Afghan SIV Categories
Proclamation 10998 removed the prior broad Afghan Special Immigrant Visa categorical exception.
Classification Must Match
Employment by or on behalf of the U.S. government does not automatically place every applicant within INA §101(a)(27)(D).
DS-1884 Cases
Certain current or former U.S. government employees abroad may use the specific State Department petition process where applicable.
I-360-Based Special Immigrants
Religious workers and other I-360 categories should not assume they fall within the government-employee exception.
National-Interest Alternative
Government service, threats arising from service, and U.S. obligations may support a discretionary request when the categorical statute does not apply.
National-Interest Evidence
What Makes Employment Entry Important to the United States?
Critical Infrastructure
Energy, communications, water, transportation, cybersecurity, manufacturing, health systems, food, or defense operations may support relief.
Government Contract or Grant
Federal, state, or local contracts, grants, public projects, agency deliverables, and regulated obligations create objective governmental interests.
Public Health and Medicine
Physicians, nurses, researchers, pharmaceutical specialists, public-health experts, and medical-technology workers may serve urgent U.S. needs.
Unique Technical Expertise
Proprietary knowledge, certifications, design history, source-code access, safety responsibility, or specialized equipment expertise can establish necessity.
Major U.S. Investment
Capital, facility development, job creation, financing, construction, production, and investor commitments may demonstrate measurable U.S. impact.
Research and Innovation
Government-funded science, critical technology, clinical research, national laboratories, energy, AI, and commercialization may support a strong theory.
Workforce Shortage
Document a specific shortage, recruitment efforts, patient or customer impact, required licensure, location, and why the worker cannot be replaced.
Supply Chain and Production
Show threatened shutdown, shortage, delayed output, safety risk, contract breach, or harm to U.S. customers and workers.
Job Preservation
Quantify U.S. jobs, payroll, training, layoffs avoided, expansion, tax impact, and the worker’s role in protecting or creating employment.
Individual Necessity and Urgency
Why Must This Worker Enter Now?
Named Project Responsibility
Identify the contract, facility, laboratory, patient group, product, customer, or program for which the beneficiary is responsible.
Irreplaceable Knowledge
Explain prior project history, proprietary methods, unique credentials, client trust, language ability, or specialized training.
Fixed Start or Deadline
Document regulatory, grant, contract, launch, construction, trial, academic, production, or financing dates.
Remote Work Is Inadequate
Explain site access, physical systems, secure data, patient care, equipment, supervision, licensing, or customer requirements.
No Substitute Is Available
Compare available employees and candidates and document missing authority, knowledge, credentials, location, or availability.
Consequences of Delay
Quantify lost jobs, shutdown, patient harm, missed deliverables, penalties, safety risks, delayed research, or public-service consequences.
Use independent U.S. evidence. Customer, agency, hospital, university, regulator, lender, project partner, or public-institution letters often add more value than another conclusory employer statement.
Legal Memorandum
Recommended Structure for an Employment Exception Request
Identify the employer, worker, classification, and travel
State nationality, passports, visa class, petition, worksite, job, dates, employer, consular post, dependents, and requested action.
Analyze Proclamation 10998 coverage
Identify the country group, visa-class rule, effective-date location, valid visa, dual nationality, LPR status, official travel, sporting role, and SIV statute.
Analyze any separate proclamation or pause
Address Proclamation 10973, the H-1B litigation, the 75-country immigrant-visa pause, and any later presidential or agency action.
Establish current immigration eligibility
Provide petition approval, labor certification, priority date, visa availability, qualifications, employer relationship, job, compensation, and admissibility.
Define the United States national interest
Identify the public, governmental, economic, health, infrastructure, technology, research, or workforce interest with objective support.
Prove individual necessity
Explain why this beneficiary’s authority, knowledge, experience, credentials, history, or relationships cannot reasonably be substituted.
Prove urgency and inadequate alternatives
Document fixed deadlines, consequences of delay, remote limitations, recruitment, replacement efforts, and why postponement is inadequate.
Request precise treatment
Ask for recognition of a scope or categorical exception or, alternatively, case-by-case national-interest consideration and visa adjudication.
Evidence Checklist
Documents for an Employment Visa Restriction Review
Identity and Travel History
Passports, visas, I-94 records, entry stamps, dual-national evidence, revocation notices, and effective-date location proof.
Petition Record
Form I-129, I-140, I-360, I-526, or I-526E; approval; RFE response; labor certification; LCA; supporting exhibits; and validity dates.
Employer Evidence
Formation, ownership, payroll, tax records, facilities, workforce, organizational chart, customers, contracts, and operating history.
Worker Qualifications
Degrees, evaluations, licenses, certifications, resume, publications, awards, experience letters, patents, and specialized training.
Job and Compensation
Offer letter, duties, salary, payroll, worksite, supervision, project assignment, itinerary, and employer-employee relationship.
National-Interest Evidence
Government funding, public contracts, critical infrastructure, research, medical need, investment, job creation, and U.S. institutional support.
Urgency and Alternatives
Project schedules, incident reports, grant deadlines, shutdowns, recruitment, substitute analysis, remote limitations, and quantified loss.
Immigrant Visa Evidence
Priority date, Visa Bulletin, NVC notices, DS-260, civil documents, medical, derivatives, fee payments, and documentarily complete notice.
Adverse Records
Criminal dispositions, prior refusals, status violations, unauthorized work, removal, fraud allegations, sanctions, security review, and waivers.
Consular and CBP Review
Visa Issuance and Admission Remain Separate Decisions
Consular Interview
The worker should accurately explain the employer, job, worksite, compensation, project, qualifications, prior employment, and travel purpose.
Petition Verification
The post may verify the petition, employer, worksite, customer, project, corporate relationship, and whether material facts changed after approval.
Administrative Processing
Security, technology, military, identity, fraud, sanctions, export-control, or online-presence review may delay issuance.
Port-of-Entry Documents
Carry the visa, petition approval, employer letter, LCA or itinerary where relevant, contract or project evidence, and exception record.
CBP Classification Review
CBP may examine whether the worker will perform the approved job for the correct employer at an authorized location.
Verify the I-94
Confirm the classification and expiration immediately after entry and request correction when the record is inaccurate.
A visa and exception do not guarantee admission. Material differences between the petition, DS-160 or DS-260, employer letter, online record, and oral answers can cause refusal or cancellation.
Common Problems
Why Employment Restriction Requests Fail
Wrong Country-Group Analysis
The submission assumes every employment visa is suspended without distinguishing full and partial countries.
Approved Petition Treated as an Exception
The employer argues only that USCIS approved the case and never addresses presidential entry restrictions.
EB-2 NIW Confused With NIE
The applicant assumes a National Interest Waiver automatically creates a National Interest Exception under the proclamation.
Generic Employer Need
The employer says the worker is valuable without identifying a concrete U.S. interest, fixed project, necessity, or measurable consequence.
No Substitute Analysis
The record does not explain recruitment, internal staffing, remote work, available employees, or why another worker cannot perform the role.
Outdated H-1B Fee Advice
The filing relies on pre-June 2026 implementation instructions without checking the district court vacatur, stay denial, and current USCIS guidance.
Separate Pause Ignored
An EB applicant obtains or seeks proclamation relief but remains independently subject to the 75-country immigrant-visa pause.
Petition Facts Changed
The job, employer, worksite, compensation, corporate relationship, project, or beneficiary role no longer matches the approved filing.
Inadmissibility Is Unresolved
Fraud, crime, unlawful presence, removal, unauthorized employment, sanctions, public charge, or security issues remain.
After Refusal or Delay
What to Do When the Employment Visa Is Not Issued
Identify Every Refusal Basis
Determine whether the case is blocked by Proclamation 10998, Proclamation 10973, INA §221(g), INA §212(a), petition return, visa availability, or another policy.
Correct a Scope Error
Present valid-visa, physical-location, dual-national, LPR, official, sporting-event, visa-class, or SIV evidence when the proclamation was misapplied.
Complete Administrative Processing
Submit requested research, employment, technology, military, social-media, corporate, funding, or identity records accurately and promptly.
Repair the Petition Record
File an amendment, extension, new petition, successor documentation, new labor certification, or other corrective action when material facts changed.
Strengthen National Interest
Add independent institutional support, quantified impact, individual necessity, urgency, alternatives, and a precise legal request.
Preserve the Underlying Case
Monitor petition validity, priority dates, NVC termination, medical, derivative ages, project timing, employment authorization, and status inside the United States.
Frequently Asked Questions
Employment Visa Restriction FAQ
Are H-1B, L-1, O-1, and E-2 visas suspended under Proclamation 10998?
They are generally suspended for covered nationals of full-suspension countries. They are not among the B, F, M, and J categories listed in the partial-country nonimmigrant suspension, although other requirements and reduced visa validity may apply.
Are employment immigrant visas suspended?
Yes. All immigrant visa categories, including EB-1 through EB-5 and derivatives, are suspended for covered nationals of both the full- and partial-country groups and for covered nationals of Turkmenistan.
Does an approved Form I-129 override the proclamation?
No. Petition approval establishes classification under the USCIS petition standard. It does not issue a visa, waive inadmissibility, or override a presidential entry restriction.
Does an approved EB-2 NIW create a National Interest Exception?
No. The NIW waives the job-offer and labor-certification requirements under a separate statute. Proclamation relief requires its own scope, exception, or case-by-case analysis.
What if the worker had a valid visa on January 1, 2026?
A worker who held a valid visa at 12:01 a.m. EST on the effective date falls outside Proclamation 10998’s stated scope, although the visa must still be currently usable.
Can a dual national qualify?
Yes. A genuine dual national may qualify by applying and traveling on a valid passport issued by a non-designated country.
What happened to the H-1B $100,000 payment requirement?
The agency policy implementing the requirement was vacated by a federal district court on June 8, 2026. The First Circuit denied a stay on July 24, 2026. The appeal remains pending, so current USCIS and court guidance must be checked before filing.
Can a worker already in the United States travel abroad?
Travel may create a new visa and reentry problem even when the person has valid status or an approved extension inside the country. Review visa validity, proclamation coverage, and consular risk before departure.
What evidence supports an employment National Interest Exception?
Useful evidence includes government contracts, critical infrastructure, health care, research, investment, U.S. jobs, supply chains, unique expertise, project deadlines, independent U.S. letters, and proof that alternatives are inadequate.
Does the 75-country pause affect employment immigrants?
Yes. It is a separate State Department immigrant-visa issuance pause that can independently affect EB-1 through EB-5 applicants from listed countries.
Are H-1B applicants subject to social-media review?
Yes. The State Department includes H-1B and H-4 applicants in expanded online-presence review, along with additional listed nonimmigrant categories.
Does an exception guarantee entry?
No. The applicant must receive the visa, satisfy petition and admissibility requirements, complete any screening, and obtain admission from CBP.
Related Guides
Continue With the Guide Matching the Employment Case
Presidential Proclamations
Current restrictions, INA §212(f), visa classes, exceptions, procedures, and archives.
Current U.S. Travel Restrictions
Country lists, visa classes, issuance pauses, visa bonds, litigation, and post operations.
Proclamation Exceptions
Valid visas, dual nationals, LPRs, official travel, sporting events, SIVs, and national interest.
Proclamation Waiver
National-interest standards, decision makers, evidence, procedure, and reconsideration.
Valid Visa Exception
Effective-date protection, expiration, revocation, cancellation, and new visa processing.
Dual-National Exception
Passport choice, nationality evidence, visa placement, airline records, and admission.
Business Traveler Exception
B-1 limits, executives, investors, critical projects, national interest, and evidence.
Travel Ban Lawyer
Coverage analysis, exception strategy, employer advocacy, layered restrictions, and travel risk.
Employment Visa Denied
Petition approval, §221(g), inadmissibility, petition return, reapplication, and reconsideration.
INA §221(g) Administrative Processing
Security, technology, corporate, research, identity, and document review.
Fraud and Misrepresentation
Inconsistent job, employer, project, duties, education, worksite, and application records.
INA §212(d)(3) Waiver
Separate nonimmigrant inadmissibility relief that may remain necessary after proclamation relief.
Primary Authorities
Official Proclamation, Employment Visa, USCIS, and Court Sources
White House: Presidential Proclamation 10998 GovInfo: Proclamation 10998 Publication State Department: Proclamation 10998 Guidance
National Employment Visa Restriction Counsel
Coordinate the Petition, Proclamation, Consular Case, and Employer Evidence Before Filing or Travel
A strong employment strategy distinguishes full and partial country restrictions, preserves valid-visa and dual-national arguments, confirms the petition and job remain accurate, identifies every separate proclamation or issuance pause, and proves why this individual’s timely entry serves a concrete United States interest. Employers and workers should recheck rapidly changing H-1B and agency rules immediately before action.
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