Any Questions?
We are ready to answer all your questions. Just fill the form and we will call you soon.
Immigration Alert: New U.S. Entry Restrictions What Applicants Must Know?
The landscape of U.S. immigration changed significantly on June 4, 2025, with the issuance of a Presidential Proclamation that imposes sweeping entry restrictions on nationals from 19 countries. As an immigration law attorney practicing in this complex field, it is crucial to understand the foundation and scope of these new rules, which revive country-specific restrictions targeting deficiencies in governmental cooperation and perceived security risks.
The stated policy objective is clear: to protect United States citizens from foreign nationals who may intend to commit terrorist attacks, threaten national security, espouse hateful ideology, or otherwise exploit U.S. immigration laws for malevolent purposes.
The Legal Foundation and Rationale for the Restrictions
These measures are imposed under the authority of sections 212(f) and 215(a) of the Immigration and Nationality Act (INA). The administration asserts that these steps are necessary because the U.S. Government lacks sufficient information to assess the risks posed by foreign nationals from the designated countries.
A critical component of the Proclamation is the directive for the United States to encourage foreign governments to improve their information-sharing and identity-management protocols and practices.
The restrictions are based on a joint report submitted by the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence. This assessment considered several factors when determining which countries warranted suspension:
- Screening and Vetting Capabilities.
- Information Sharing Policies.
- Country-Specific Risk Factors, including a significant terrorist presence.
- Visa-Overstay Rate.
- Cooperation with Accepting Back Removable Nationals.
The Proclamation specifically notes that immigrants (who become Lawful Permanent Residents) are more difficult to remove, increasing the dangers associated with errors when their home countries maintain inadequate identity-management or information-sharing policies.
The Two Tiers of Entry Suspension
The restrictions distinguish between two categories of countries, applying limitations to both immigrant and nonimmigrant entry.
Tier 1: Full Suspension of Entry (12 Countries)
Nationals of the following 12 countries face a full suspension of entry into the United States as both immigrants and nonimmigrants.
| COUNTRY | Primary Rationale/Deficiency Cited in the Proclamation |
|---|---|
| Afghanistan | Controlled by the Taliban (SDGT group); lacks competent central authority and appropriate screening measures; high F/M/J overstay rate (29.30% in FY 2023). |
| Burma | High B-1/B-2 overstay rate (27.07%); historically failed to accept removable nationals. |
| Chad | Unacceptable and high visa overstay rate (49.54% for B-1/B-2, 55.64% for F/M/J in FY 2023), indicating a "blatant disregard for United States immigration laws". |
| Republic of the Congo | High overstay rates (29.63% B-1/B-2). |
| Equatorial Guinea | Extremely high F/M/J visa overstay rate (70.18%). |
| Eritrea | Questionable competence of central authority; criminal records unavailable to the U.S.; historically refuses to accept removable nationals. |
| Haiti | High overstay rates; lacks a central authority with sufficient law enforcement information; references the influx of "hundreds of thousands of illegal Haitian aliens" during the previous administration. |
| Iran | State sponsor of terrorism; fails to cooperate in identifying security risks; historically fails to accept removable nationals. |
| Libya | No competent or cooperative central authority for documents; historical terrorist presence. |
| Somalia | Government lacks command and control of its territory; lacks competent central authority; identified as a terrorist safe haven; historically refuses to accept removable nationals. |
| Sudan | Lacks competent central authority and appropriate screening/vetting measures. |
| Yemen | Lacks competent central authority and appropriate screening/vetting measures; government lacks physical control over its territory. |
Tier 2: Partial Suspension of Entry (7 Countries)
For the following seven countries, the entry of nationals as immigrants is suspended, and the entry of nationals as nonimmigrants is suspended specifically for B-1, B-2, B-1/B-2, F, M, and J visas.
Furthermore, consular officers are directed to reduce the validity for any other nonimmigrant visa issued to nationals of these partially restricted countries (such as H or L visas), to the extent permitted by law.
The partially restricted countries are: Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela. (Note that Cuba is also identified as a state sponsor of terrorism and fails to share sufficient law enforcement information).
Practical Application: Who is Affected and When?
The Proclamation is effective as of June 9, 2025, at 12:01 am eastern daylight time.
Crucially, the suspensions apply only to foreign nationals of the designated countries who are:
- Outside the United States on the effective date.
- Do not have a valid visa on the effective date.
This means that no immigrant or nonimmigrant visa issued before the applicable effective date shall be revoked pursuant solely to this proclamation. If a client holds a valid visa, they are generally protected from having that specific visa canceled under these new rules.
Navigating Exceptions and Waivers
For those advising clients from these 19 countries, the exceptions offer the best path forward. The restrictions do not apply to several key groups:
- Lawful Permanent Residents (LPRs) of the United States.
- Dual nationals traveling on a passport issued by a non-designated country.
- Immediate Family Immigrant Visas (IR-1/CR-1, IR-2/CR-2, IR-5), provided there is clear and convincing evidence of identity and family relationship (e.g., DNA).
- Adoptions (IR-3, IR-4, IH-3, IH-4).
- Afghan Special Immigrant Visas.
- Immigrant visas for ethnic and religious minorities facing persecution in Iran.
- Specific official/international organization visas (A-1, A-2, C-2, C-3, G-1, G-2, G-3, G-4, NATO categories).
Beyond these blanket exceptions, the Proclamation establishes mechanisms for discretionary, case-by-case waivers:
- The Secretary of State may grant an exception if the individual’s travel would serve a United States national interest.
- The Attorney General may grant an exception if the travel would advance a critical United States national interest involving the Department of Justice, such as the presence of witnesses in criminal proceedings.
Finally, it is paramount to remember that these restrictions do not limit the ability of an individual to seek asylum, refugee status, withholding of removal, or protection under the Convention Against Torture (CAT), consistent with U.S. laws.
This Proclamation reinforces that geopolitical factors and immigration compliance—specifically visa overstay rates—are now critical components of U.S. entry determinations. Clients from these 19 nations must anticipate significantly increased scrutiny and should explore all available statutory and discretionary exceptions before attempting to apply for a new visa.
DISCLAIMER: This article offers an interpretation and detailed commentary on the Presidential Proclamation of June 4, 2025, from an experienced immigration law perspective. This content is strictly for informational purposes only and should not be construed as formal legal advice. It does not establish an attorney-client relationship. Due to the complexity of the Immigration and Nationality Act (INA) and these specific restrictions, all individuals should consult with qualified legal counsel regarding their unique circumstances. Please note that the Proclamation itself states that it is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable by law or in equity by any party against the United States
