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Countries Subject to the June 2025 Travel Ban and Key Exemptions

On June 4, 2025, President Trump issued the Presidential Proclamation: Restricting the Entry of Foreign Nationals to Protect the United States From Foreign Terrorists and Other National Security and Public Safety Threats. This proclamation introduces travel restrictions for both immigrants and nonimmigrants from certain countries. According to the proclamation, the affected countries were designated based on each country’s screening and vetting capabilities, information sharing policies, the presence of terrorist organizations within their territories, visa overstay rates, cooperation in accepting the return of removable nationals, and potential security threats in the United States. The travel ban is based on country of citizenship, not country of birth.

The proclamation fully restricts and limits the entry of citizens of the following 12 countries: Afghanistan, Burma, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen. These restrictions apply to both immigrants and nonimmigrants. The proclamation also partially restricts and limits the entry of nationals of seven additional countries: Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela. For these seven countries, certain visa categories, including B-1 and B-2 (visitors), F (students), M (vocational students), and J (exchange visitors) visas are suspended, and the validity of other types of visas may be reduced. 

The travel restrictions apply to foreign nationals who are outside the United States as of June 4, 2025, and who do not have a valid visa as of that date. As a result, applying for a new visa in these countries for travel to the United States may not be possible while the travel ban remains in effect. The proclamation does not apply to (1) U.S. permanent residents, (2) dual nationals traveling on a passport issued by a non-restricted country, (3) individuals traveling on A, G or NATO visas, (4) certain athletes, (5) immediate relatives (spouses and children) of U.S. citizens, (6) adoptees, (7) Afghan special immigrants, (8) special immigrant visas for U.S. government employees, and (9) immigrant visas for ethnic and religious minorities facing persecution in Iran. Exceptions may also be considered on a case-by-case basis if the Secretary of State determines that an individual’s entry would serve a U.S. national interest. However, such exceptions may be difficult to obtain.

Implications of the June 2025 Travel Ban for EB-5 Investors and Immigration Processing

EB-5 visas are not included among the “exceptions” outlined in the proclamation. Accordingly, EB-5 investors who are nationals of the 12 fully restricted countries and who had not been issued an EB-5 immigrant visa at the U.S. consulate as of June 4, 2025, are subject to the restrictions on visa issuance. EB-5 investors who hold a second nationality from a country not subject to the full restrictions may remain eligible to obtain an EB-5 visa using the passport that is not restricted. Individuals who received an EB-5 visa prior to June 4, 2025, may still be able to travel to the United States using the valid immigrant visa.

The proclamation does not address the approval of Form I-526 or I-526E Petitions by USCIS. Processing of these petitions, along with I-829 Petitions, is expected to continue. Additionally, since the proclamation applies only to individuals outside the United States, the processing and approval of Form I-485 for adjustment of status by USCIS may also continue for nationals of the affected countries. Individuals with a pending I-485 application and a valid advance parole travel document may still use the advance parole for travel; the proclamation does not revoke approved advance parole documents or visas. However, international travel may carry additional risks at this time, as there may be confusion among airline carriers and at U.S. points of entry. Individuals are encouraged to consult with an experienced immigration attorney before departing the United States to assess potential travel risks while the travel ban remains in effect.

For EB-5 investors with a spouse or other immediate family member who is not subject to the travel ban (or vice versa), future guidance or clarification may be issued regarding possible exceptions to preserve family unity.

The Trump Administration has recently published many new Executive Orders. Additionally, the Administration is considering enacting new travel restrictions for citizens of many countries. Join Immigration and Compliance Practice attorneys Jennifer Hermansky and Kirsten Crovello for a discussion on the impact of the EOs and any potential travel restrictions and bans on current and prospective EB-5 investors.

Click here to register.

The April 2025 Visa Bulletin shows significant retrogression of over two years for EB-5 Unreserved Final Action Dates for China and India. The final action date for India retrogressed over two years from Jan. 1, 2022, in the March bulletin to Nov. 1, 2019, in the April Bulletin. The final action date for China retrogressed approximately two and a half years from July 15, 2016, in the March bulletin to Jan. 22, 2014, in the April 2025 bulletin.  

According to the bulletin commentary section, “Increased demand and number use by applicants chargeable to China and India in the EB-5 unreserved visa categories, combined with increased demand and number use across other countries, made it necessary to retrogress the final action dates to hold number use within the maximum allowed under the FY-2025 annual limits.”

While other EB-5 unreserved categories remained current in the April 2025 bulletin, the notes indicate that may change later in the year with global retrogression forewarned. The bulletin states, “Please note that it may become necessary to establish a final action date for applicants chargeable to all other countries if demand and number use continues to increase such that this category becomes oversubscribed.”

The April 2025 Visa Bulletin does not include corresponding commentary regarding the EB-5 Set-Aside categories, which remain current at this time across all categories. However, given the limited number of set-aside visa numbers available and the possibility of future retrogression, investors should consider moving forward while these categories remain available, especially those from high-demand countries such as China and India. 

In this episode of GT’s Immigration Insights series, Greenberg Traurig attorneys Kate Kalmykov and Jennifer Hermansky examine President Donald Trump’s recent announcement about introducing a Trump Gold Card, a new $5 million investment-based green card, and its implications for the existing EB-5 visa program in the United States.

Kate and Jen provide insights into the announcement’s intention to potentially replace or run the Gold Card program concurrently with EB-5. They highlight the intricacies and requirements of the EB-5 program.

While discussing the legislative process required to repeal or modify the EB-5 program, both attorneys note that changes to immigration law can occur through Congressional action which may occur in conjunction with recommendations from the executive branch. They also touch upon challenges such as expanding immigrant visa quotas and the possible reallocation of diversity visa numbers. The discussion also focuses on what the announcement means for current and pending EB-5-based green card holders and applicants.

The episode further explores international golden visa programs and how other countries structure investment immigration initiatives.

Click here to watch the episode.

On Feb. 25, 2025, President Trump announced that he will seek to end the U.S. EB-5 Immigrant Investor Program, which provides foreign investors with permanent residency in the United States. The EB-5 program requires a foreign national to invest in U.S. businesses that create 10 or more jobs per investor. The program has an investment amount of $1,050,000 that can be reduced to $800,000 if the investment is made in a high unemployment area, rural area, or through a government infrastructure project. Investors and their dependents are able to attain U.S. citizenship after five years of permanent residency.

Trump’s announcement aims to replace the EB-5 visa with a “Gold Card” program, which the president stated would require an investment of $5 million and that would grant “green card plus benefits,” including a path to citizenship, which the EB-5 program already provides. No further details were given, although in his announcement he noted that a detailed plan would be published in the next two weeks. According to the president, the goal is to attract wealthy people to the United States that would create businesses and help reduce the country’s deficit.

However, the president does not have the authority to ignore or override an act of Congress, including the Immigration and Nationality Act. Congress is given the authority to pass immigration laws that control admission, exclusion, and naturalization. This power is based on the Constitution’s Article 1, Section 8, Clause 18, which gives Congress the power to make laws that are necessary and proper to carry out the Constitution’s power. Likewise, the Supreme Court has ruled that Congress has “plenary” power over immigration, which means that Congress has almost complete authority over the passage of immigration laws. In 2022, Congress reauthorized the EB-5 program through Sept. 30, 2027, with the passage of the EB-5 Reform and Integrity Act. The president does not have authority to strike down an act of Congress, including the existing EB-5 program. Likewise, Congress has exclusive control over the allocation of employment based green card numbers and any change to that would need to be done by amending the Immigration and Nationality Act. The president can propose new immigration legislation, but only Congress can make new laws and amend existing laws. The president also has the authority to enforce immigration laws through agencies like U.S. Citizenship and Immigration Services, U.S. Immigration and Customs Enforcement, and U.S. Customs and Border Protection. Any attempt to strike down the EB-5 program may be met with immediate judicial action to enjoin and strike down any such proposal.

The Trump administration issued several executive orders (EOs) in the first week following the inauguration. Many of the EOs for immigration focus on enhancing security measures relating to foreign nationals, including scrutiny of nonimmigrant and immigrant visa applications and enhanced background checks for foreign nationals. At present, no EOs specifically relate to the EB-5 Immigrant Investor Program, but the enhanced scrutiny the newly issued EOs require may impact EB-5 investors.

EB-5 investors may experience increased scrutiny during Form I-526 or Form I-526E petition adjudication. A critical part of the EB-5 petition process is documenting the lawful funding source the investor used to make the qualifying EB-5 investment. The USCIS Immigrant Investor Program Office may conduct additional background checks on all individuals involved in the funding source, including the investor, his or her spouse, any gift or, and/or any individual or non-bank organization that provides a loan to the investor.

Moreover, EB-5 investors may experience enhanced background checks for EB-5 immigrant visas at U.S. embassies and consulates worldwide. The EO “Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats,” tasks government agencies with reviewing all visa programs to prevent hostile state and nonstate actors from entering the United States. This EO likely will result in enhanced background checks of EB-5 investors applying for immigrant visas abroad or for adjustment of status in the United States. Investors born in or who are citizens of countries with a totalitarian or Communist Party-controlled government likely will receive increased scrutiny to determine if they have meaningful membership in the Communist Party. Both USCIS and foreign consular officers likely will also closely examine investors’ memberships in associations or other organizations.

An additional EO, “Guaranteeing the States Protection Against Invasion,” imposes vetting requirements on immigrants to the United States. This EO might result in enhanced medical and security requirements. The EO “Protecting the American People Against Invasion” may also result in a more stringent application of the “public charge” ground of inadmissibility. EB-5 investors are subject to the “public charge” ground of inadmissibility, and they must prove to the USCIS or the consular officer’s satisfaction that they are able to support themselves in the United States and are not likely to take public benefits after being granted permanent residence. USCIS or the State Department may require applicants to submit evidence to prove they would not be a public charge. The administration may expand the list of federal public benefits that can be considered in making a public charge determination. In the I-829 petition adjudication process, USCIS may request evidence on federal public benefits applicants receive.

The administration’s EOs do not change the EB-5 Program, which Congress extended through Sept. 30, 2027. The EOs generally do not change the EB-5 Program’s rules or eligibility requirements, and applicants from all nations can apply. USCIS and the State Department may implement additional background checks on EB-5 investors at the I-526 or I-526E petition stage, the immigrant visa stage, the adjustment of status stage, and the I-829 petition stage. Applicants should consult with an experienced immigration attorney to discuss EB-5 program eligibility.