Summary

A pair of presidential proclamations function to restrict entry to the United States by nationals of certain countries.

• Presidential Proclamation 10949 of June 4, 2025: Restricting The Entry of Foreign Nationals to Protect the United States from Foreign Terrorists and Other National Security and Public Safety Threats established a "full" travel ban on 12 countries and a "partial" travel ban on 7 countries, became effective at 12:01 a.m. eastern daylight time on June 9, 2025. Read:
  • Proclamation 10949 published on whitehouse.gov
  • Proclamation 10949 published in the Federal Register at 90 FR 24497 (June 10, 2025)
  • White House Fact Sheet on Proclamation 10949
  • Proclamation 10949 continues in force until the January 1, 2026 effective date of Proclamation of December 16, 2025
  • See NAFSA's page on Proclamation 10949 for reference
• Presidential Proclamation of December 16, 2025, also titled Restricting and Limiting the Entry of Foreign Nationals to Protect the Security of the United States, modified the lists of countries identified in Presidential Proclamation 10949, and becomes effective at 12:01 a.m eastern standard time on January 1, 2026. Read:
  • Proclamation of December 16, 2025 published on whitehouse.gov
  • White House Fact Sheet on Proclamation of December 16, 2025

This NAFSA advisory will focus on the effect of Presidential Proclamation of December 16, 2025, effective January 1, 2026.

Quick-Reference table illustrating the impact of Presidential Proclamation of December 16, 2025.

Basic notes

Full ban countries. The nationals of 19 countries countries plus individuals traveling on travel documents issued by the Palestinian Authority are subject to a full ban that suspends "entry into the United States" as "immigrants and nonimmigrants."

Partial ban countries. 19 countries are subject to a partial ban that suspends "entry into the United States" as immigrants and of nonimmigrants on "B-1, B‑2, B-1/B-2, F, M, and J visas." Turkmenistan is the sole exception to this general partial ban rule. Entry by nationals of Turkmenistan is suspended only for immigrants, but not for any class of nonimmigrants. For each of the partial ban countries listed, the proclamation also directs consular officers to "reduce the validity for any other nonimmigrant visa ... to the extent permitted by law."

Exceptions. The ban provisions are applicable only to nationals of the subject country who are outside the U.S. without a valid visa on January 1, 2026, the effective date of the December 16, 2025 proclamation. There are also a number of categorical exceptions, such as for lawful permanent residents, dual nationals of a designated country when the individual is traveling on a passport issued by a non-designated country, asylees, refugees, diplomatic and international organization visas, athletes coming to participate in the 2026 World Cup and the 2028 Olympics, and some other categories.

Details of the Proclamation

Proclamation of December 16, 2025 invokes INA 212(f); 8 USC 1182(f), which grants a President broad power to suspend or impose restrictions, "by proclamation," on the entry of "aliens" (the INA defines alien as "any person not a citizen or national of the United States") when he or she finds that such entry "would be detrimental to the interests of the United States." See NAFSA's page for background on INA 212(f).

The entry bans of Proclamation 10949 of June 4, 2025 and Proclamation of December 16, 2025 are rooted in the results of a report called for by Executive Order 14161 of January 20, 2025: Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats, which directed the Secretaries of State and Homeland Security, the Attorney General, and the Director of National Intelligence to submit a joint report within 60 days (i.e., by March 21, 2025) that:

• identifies "countries throughout the world for which vetting and screening information is so deficient as to warrant a partial or full suspension on the admission of nationals from those countries pursuant to section 212(f) of the INA"
• identifies "how many nationals from those countries have entered or have been admitted into the United States on or since January 20, 2021"
• and for any individual who may be covered by a country finding under this provision, directs DHS to "take immediate steps to exclude or remove that alien unless she determines that doing so would inhibit a significant pending investigation or prosecution of the alien for a serious criminal offense or would be contrary to the national security interests of the United States."

In addition, Proclamation of December 16, 2025 also considered as a factor whether a country has offered "Citizenship by Investment (CBI) without residency, which poses challenges for screening and vetting purposes.  As an example, a foreign national from a country that is subject to travel restrictions could purchase CBI from a second country that is not subject to travel restrictions, obtain a passport in the citizenship of that second country, and subsequently apply for a United States visa for travel to the United States, thus evading the travel restrictions on his or her first country.  Additionally, United States law enforcement and the Department of State have found that, historically, CBI programs have been susceptible to several risks.  These risks include allowing an individual to conceal his or her identity and assets to circumvent travel restrictions or financial or banking restrictions."

Countries Subject to the Travel Ban

Full suspension on entry by nationals of 19 countries and individuals traveling on Palestinian Authority travel documents

The proclamation's full ban suspends "entry into the United States" as "immigrants and nonimmigrants." Proclamation of December 16, 2025 modifies the "full-ban" list of Proclamation 10949 of June 4, 2025 as follows:

• Section 1(g) and Section 2 continue the full ban on immigrants and nonimmigrants from the 12 countries originally identified in Proclamation 10949 of June 4, 2025: Afghanistan, Burma, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen.
• Section 1(h) and Section 4 add 7 additional countries to the list of full-ban countries: Burkina Faso, Laos, Mali, Niger, Sierra Leone, South Sudan, and Syria
• Section 1(g) and Section 4 also add to the full-ban list "individuals using travel documents issued or endorsed by the Palestinian Authority (PA)."

"Immigrants" refers to individuals entering the United States for the first time on an immigrant visa... people who are already lawful permanent residents are exempt as discussed in Scope and Exceptions below. The "full ban" covers all nonimmigrant categories except those listed in Scope and Exceptions, below. That would impact most of the nonimmigrant categories typically encountered in higher education, such as B visitors, F and M students, J exchange visitors, H-1B and O-1 workers, etc.

The countries subject to full restrictions and the declared basis for their inclusion are:

1. Afghanistan (basis: Proclamation 10949 of June 4, 2025 - "The Taliban, a Specially Designated Global Terrorist (SDGT) group, controls Afghanistan.  Afghanistan lacks a competent or cooperative central authority for issuing passports or civil documents and it does not have appropriate screening and vetting measures.  According to the Fiscal Year 2023 Department of Homeland Security (DHS) Entry/Exit Overstay Report (“Overstay Report”), Afghanistan had a business/tourist (B-1/B-2) visa overstay rate of 9.70 percent and a student (F), vocational (M), and exchange visitor (J) visa overstay rate of 29.30 percent.")
2. Burkina Faso (basis: Proclamation of December 16, 2025 - "According to the Department of State, terrorist organizations continue to plan and conduct terrorist activities throughout Burkina Faso.  According to the Fiscal Year 2024, Department of Homeland Security (DHS) Entry/Exit Overstay Report (“Overstay Report”), Burkina Faso had a B-1/B-2 visa overstay rate of 9.16 percent and a student (F), vocational (M), and exchange visitor (J) visa overstay rate of 22.95 percent.  Additionally, Burkina Faso has historically refused to accept back its removable nationals.")
3. Burma [Myanmar] (basis: Proclamation 10949 of June 4, 2025 - "According to the Overstay Report, Burma had a B‑1/B-2 visa overstay rate of 27.07 percent and an F, M, and J visa overstay rate of 42.17 percent.  Additionally, Burma has historically not cooperated with the United States to accept back their removable nationals.")
4. Chad (basis: Proclamation 10949 of June 4, 2025 - "According to the Overstay Report, Chad had a B‑1/B-2 visa overstay rate of 49.54 percent and an F, M, and J visa overstay rate of 55.64 percent.  According to the Fiscal Year 2022 Overstay Report, Chad had a B-1/B-2 visa overstay rate of 37.12 percent.  The high visa overstay rate for 2022 and 2023 is unacceptable and indicates a blatant disregard for United States immigration laws."
5. Equatorial Guinea (basis: Proclamation 10949 of June 4, 2025 - "According to the Overstay Report, Equatorial Guinea had a B-1/B-2 visa overstay rate of 21.98 percent and an F, M, and J visa overstay rate of 70.18 percent.")
6. Eritrea (basis: "The United States questions the competence of the central authority for issuance of passports or civil documents in Eritrea.  Criminal records are not available to the United States for Eritrean nationals.  Eritrea has historically refused to accept back its removable nationals.  According to the Overstay Report, Eritrea had a B-1/B-2 visa overstay rate of 20.09 percent and an F, M, and J visa overstay rate of 55.43 percent.")
7. Haiti (basis: Proclamation 10949 of June 4, 2025 - "According to the Overstay Report, Haiti had a B‑1/B-2 visa overstay rate of 31.38 percent and an F, M, and J visa overstay rate of 25.05 percent.  Additionally, hundreds of thousands of illegal Haitian aliens flooded into the United States during the Biden Administration.  This influx harms American communities by creating acute risks of increased overstay rates, establishment of criminal networks, and other national security threats.  As is widely known, Haiti lacks a central authority with sufficient availability and dissemination of law enforcement information necessary to ensure its nationals do not undermine the national security of the United States.")
8. Iran (basis: Proclamation 10949 of June 4, 2025 - "Iran is a state sponsor of terrorism.  Iran regularly fails to cooperate with the United States Government in identifying security risks, is the source of significant terrorism around the world, and has historically failed to accept back its removable nationals.")
9. Laos (basis: Proclamation of December 16, 2025 - "According to the Overstay Report, Laos had a B‑1/B-2 visa overstay rate of 28.34 percent and an F, M, and J visa overstay rate of 11.41 percent.  According to the Fiscal Year 2023, Department of Homeland Security (DHS) Entry/Exit Overstay Report (“2023 Overstay Report”), Laos had a B-1/B-2 visa overstay rate of 34.77 percent and an F, M, and J visa overstay rate of 6.49 percent.  Additionally, Laos has historically failed to accept back its removable nationals.")
10. Libya (basis: Proclamation 10949 of June 4, 2025 - "There is no competent or cooperative central authority for issuing passports or civil documents in Libya.  The historical terrorist presence within Libya’s territory amplifies the risks posed by the entry into the United States of its nationals.")
11. Mali (basis: Proclamation of December 16, 2025 - "According to the Department of State, armed conflict between the Malian government and armed groups is common throughout the country.  Terrorist organizations operate freely in certain areas of Mali.")
12. Niger (basis: Proclamation of December 16, 2025 - "According to the Department of State, terrorists and their supporters are active in planning kidnappings in Niger, and they may attack anywhere in the country.  According to the Overstay Report, Niger had a B-1/B-2 visa overstay rate of 13.41 percent and an F, M, and J visa overstay rate of 16.46 percent.")
13. Palestinian Authority Document Travelers (basis: Proclamation of December 16, 2025 - "Several United States-designated terrorist groups operate actively in the West Bank or Gaza Strip and have murdered American citizens.  Also, the recent war in these areas likely resulted in compromised vetting and screening abilities.  In light of these factors, and considering the weak or nonexistent control exercised over these areas by the PA, individuals attempting to travel on PA-issued or endorsed travel documents cannot currently be properly vetted and approved for entry into the United States.")
14. Republic of the Congo (basis: Proclamation 10949 of June 4, 2025 - "According to the Overstay Report, the Republic of the Congo had a B-1/B-2 visa overstay rate of 29.63 percent and an F, M, and J visa overstay rate of 35.14 percent.")
15. Sierra Leone (basis: Proclamation of December 16, 2025 - "According to the Overstay Report, Sierra Leone had a B-1/B-2 visa overstay rate of 16.48 percent and an F, M, and J visa overstay rate of 35.83 percent.  According to the 2023 Overstay Report, Sierra Leone had a B-1/B-2 visa overstay rate of 15.43 percent and an F, M, and J visa overstay rate of 35.83 percent.  Additionally, Sierra Leone has historically failed to accept back its removable nationals.")
16. Somalia (basis: Proclamation 10949 of June 4, 2025 - "Somalia lacks a competent or cooperative central authority for issuing passports or civil documents and it does not have appropriate screening and vetting measures.  Somalia stands apart from other countries in the degree to which its government lacks command and control of its territory, which greatly limits the effectiveness of its national capabilities in a variety of respects.  A persistent terrorist threat also emanates from Somalia’s territory.  The United States Government has identified Somalia as a terrorist safe haven.  Terrorists use regions of Somalia as safe havens from which they plan, facilitate, and conduct their operations.  Somalia also remains a destination for individuals attempting to join terrorist groups that threaten the national security of the United States.  The Government of Somalia struggles to provide governance needed to limit terrorists’ freedom of movement.  Additionally, Somalia has historically refused to accept back its removable nationals.")
17. South Sudan (basis: Proclamation of December 16, 2025 - "According to the Overstay Report, South Sudan had a B-1/B-2 visa overstay rate of 6.99 percent and an F, M, and J visa overstay rate of 26.09 percent.  Additionally, South Sudan has historically failed to accept back its removable nationals.")
18. Sudan (basis: Proclamation 10949 of June 4, 2025 - "Sudan lacks a competent or cooperative central authority for issuing passports or civil documents and it does not have appropriate screening and vetting measures.  According to the Overstay Report, Sudan had a B-1/B-2 visa overstay rate of 26.30 percent and an F, M, and J visa overstay rate of 28.40 percent. ")
19. Syria (basis: Proclamation of December 16, 2025 - "Syria is emerging from a protracted period of civil unrest and internal strife.  While the country is working to address its security challenges in close coordination with the United States, Syria still lacks an adequate central authority for issuing passports or civil documents and does not have appropriate screening and vetting measures.  According to the Overstay Report, Syria had a B-1/B-2 visa overstay rate of 7.09 percent and a F, M, and J visa overstay rate of 9.34 percent.")
20. Yemen (basis: Proclamation 10949 of June 4, 2025 - "Yemen lacks a competent or cooperative central authority for issuing passports or civil documents and it does not have appropriate screening and vetting measures.  The government does not have physical control over its own territory.  Since January 20, 2025, Yemen has been the site of active United States military operations.")

Partial restriction on 20 countries

Section 1(i), Section 3, and Section 5 of the Proclamation of December 16, 2025 "partially" suspend entry of nationals from the listed countries, declaring that for each of those countries:

• "The entry into the United States of nationals of [those countries] as immigrants, and as nonimmigrants on B-1, B‑2, B-1/B-2, F, M, and J visas, is hereby suspended" and
• "Consular officers shall reduce the validity for any other nonimmigrant visa issued to nationals of [these countries] to the extent permitted by law."

"Immigrants" refers to individuals entering the United States for the first time on an immigrant visa... people who are already lawful permanent residents are exempt as discussed in Scope and Exceptions below. Unlike the "full ban" on the 12 countries, the "partial ban" on these countries applies to B-1, B‑2, B-1/B-2, F, M, and J visas only. B-1 visas are for visitors for business, B-2 is for visitors for pleasure, the F category is for F-1 academic students and their F-2 dependents, the M category is for vocational students and their families, and the J category is for J-1 exchange visitors (of all subcategories) and their J-2 dependents. No other nonimmigrant categories are included in the "partial ban," including categories typically encountered in higher education such as H-1B and O-1 workers.

The only exception to the "partial" suspension countries is Turkmenistan, where the Proclamation of December 16, 2025 keeps the suspension on entry by immigrants but lifts the suspension on entry by nonimmigrants on B-1, B‑2, B-1/B-2, F, M, and J visas.

Proclamation of December 16, 2025 modifies the "partial-ban" list of Proclamation 10949 of June 4, 2025 as follows:

• Section 1(i) and Section 3 continue the partial ban on subject nationals of 4 of the 7 countries originally identified in Proclamation 10949 of June 4, 2025: Burundi, Cuba, Togo, and Venezuela, and Section 5 amends the partial ban on Turkmenistan
• Section 1(j) and Section 5 add 15 additional countries to the list of partial-ban countries: Angola, Antigua and Barbuda, Benin, Cote d'Ivoire, Dominica, Gabon, The Gambia, Malawi, Mauritania, Nigeria, Senegal, Tanzania, Tonga, Zambia, and Zimbabwe.

The 20 countries subject to partial restrictions as of January 1, 2026 and the declared basis for their inclusion are:

1. Angola (basis: Proclamation of December 16, 2025 "According to the Overstay Report, Angola had a B-1/B-2 visa overstay rate of 14.43 percent and an F, M, and J visa overstay rate of 21.92 percent.")
2. Antigua and Barbuda (basis: Proclamation of December 16, 2025 "Antigua and Barbuda has historically had CBI without residency.")
3. Benin (basis: Proclamation of December 16, 2025 "According to the Overstay Report, Benin had a B-1/B-2 overstay rate of 12.34 percent and an F, M, and J visa overstay rate of 36.77 percent.")
4. Burundi (basis: Proclamation 10949 of June 4, 2025 - "According to the Overstay Report, Burundi had a B-1/B-2 visa overstay rate of 15.35 percent and an F, M, and J visa overstay rate of 17.52 percent.")
5. Cote d'Ivoire (basis: Proclamation of December 16, 2025 "According to the Overstay Report, Cote d’Ivoire had a B-1/B-2 visa overstay rate of 8.47 percent and an F, M, and J visa overstay rate of 19.09 percent.")
6. Cuba (basis: Proclamation 10949 of June 4, 2025 - "Cuba is a state sponsor of terrorism.  The Government of Cuba does not cooperate or share sufficient law enforcement information with the United States.  Cuba has historically refused to accept back its removable nationals.  According to the Overstay Report, Cuba had a B-1/B-2 visa overstay rate of 7.69 percent and an F, M, and J visa overstay rate of 18.75 percent.")
7. Dominica (basis: Proclamation of December 16, 2025 "Dominica has historically had CBI without residency.")
8. Gabon (basis: Proclamation of December 16, 2025 "According to the Overstay Report, Gabon had a B-1/B-2 visa overstay rate of 13.72 percent and an F, M, and J visa overstay rate of 17.77 percent.")
9. The Gambia (basis: Proclamation of December 16, 2025 "According to the Overstay Report, The Gambia had a B-1/B-2 visa overstay rate of 12.70 percent and an F, M, and J visa overstay rate of 38.79 percent. Additionally, The Gambia has historically refused to accept back its removable nationals.")
10. Malawi (basis: Proclamation of December 16, 2025 "According to the Overstay Report, Malawi had a B‑1/B-2 visa overstay rate of 22.45 percent and an F, M, and J visa overstay rate of 31.99 percent.")
11. Mauritania (basis: Proclamation of December 16, 2025 "According to the Overstay Report, Mauritania had a B-1/B-2 visa overstay rate of 9.49 percent. According to the Department of State, the Government of Mauritania has little presence in certain parts of the country, which creates substantial screening and vetting difficulties.")
12. Nigeria (basis: Proclamation of December 16, 2025 "Radical Islamic terrorist groups such as Boko Haram and the Islamic State operate freely in certain parts of Nigeria, which creates substantial screening and vetting difficulties. According to the Overstay Report, Nigeria had a B-1/B-2 visa overstay rate of 5.56 percent and an F, M, and J visa overstay rate of 11.90 percent.")
13. Senegal (basis: Proclamation of December 16, 2025 "According to the Overstay Report, Senegal had a B-1/B-2 visa overstay rate of 4.30 percent and an F, M, and J visa overstay rate of 13.07 percent.")
14. Tanzania (basis: Proclamation of December 16, 2025 "According to the Overstay Report, Tanzania had a B-1/B-2 visa overstay rate of 8.30 percent and an F, M, and J visa overstay rate of 13.97 percent.")
15. Togo (basis: Proclamation 10949 of June 4, 2025 - "According to the Overstay Report, Togo had a B‑1/B-2 visa overstay rate of 19.03 percent and an F, M, and J visa overstay rate of 35.05 percent. ")
16. Tonga (basis: Proclamation of December 16, 2025 "According to the Overstay Report, Tonga had a B‑1/B-2 visa overstay rate of 6.45 percent and an F, M, and J visa overstay rate of 14.44 percent.")
17. Turkmenistan (basis: Proclamation of December 16, 2025 "Since the issuance of Proclamation 10949, Turkmenistan has engaged productively with the United States and demonstrated significant progress in improving its identity-management and information-sharing procedures. As a result, the restrictions imposed on Turkmenistan in this proclamation modify and supersede those set forth in section 3(f) of Proclamation 10949.")
18. Venezuela (basis: Proclamation 10949 of June 4, 2025 - "Venezuela lacks a competent or cooperative central authority for issuing passports or civil documents and it does not have appropriate screening and vetting measures.  Venezuela has historically refused to accept back its removable nationals.  According to the Overstay Report, Venezuela had a B‑1/B-2 visa overstay rate of 9.83 percent.")
19. Zambia (basis: Proclamation of December 16, 2025 "According to the Overstay Report, Zambia had a B‑1/B-2 visa overstay rate of 10.73 percent and an F, M, and J visa overstay rate of 21.02 percent.")
20. Zimbabwe (basis: Proclamation of December 16, 2025 "According to the Overstay Report, Zimbabwe had a B-1/B-2 visa overstay rate of 7.89 percent and an F, M, and J visa overstay rate of 15.15 percent.")

Scope and Exceptions

Scope

The ban provisions are applicable only to nationals of the subject country who are outside the U.S. without a valid visa as of the effective date of the Proclamation of December 16, 2025, which is January 1, 2026. Proclamation Section 10 specifies the effective date.

Under Proclamation Section 6(a), "The suspensions of and limitations on entry pursuant to sections 2, 3, 4, and 5 of this proclamation shall apply only to foreign nationals of the designated countries who:

(i)   are outside the United States on the applicable effective date of this proclamation; and

(ii)  do not have a valid visa on the applicable effective date of this proclamation."

For this purpose, the proclamation effective date is "12:01 am eastern standard time on January 1, 2026." Read inversely, individuals who are inside the United States on January 1, 2026, or who are outside the United States on that date but have a visa that is valid as of January 1, 2026, would likely not be covered by the ban.

By way of comparison, this interpretation was supported in a June 7, 2025 DOS Visas News posting on Proclamation 10949 of June 4, 2025 that stated:

"This Presidential Proclamation only applies to foreign nationals who are outside the United States on the effective date AND do not hold a valid visa on the effective date (June 4, 2025). Foreign nationals, even those outside the United States, who hold valid visas as of the effective date are not subject to the Proclamation. No visas issued before June 4, 2025, have been or will be revoked pursuant to the Proclamation.

Visa applicants who are subject to this Presidential Proclamation may still submit visa applications and schedule interviews, but they may be ineligible for visa issuance or admission to the United States."

This interpretation and DOS's statement were from a "plain language" reading of this provision in the proclamation, that understood the conjunction "and" to mean that both conditions (i) and (ii) in the proclamation must be true together for the suspension of entry to apply. The DOS visas news article may be helpful in communicating this interpretation to both airlines and port of entry officials would have to share this interpretation. Remember that this page does not constitute legal advice, which can only be given by licensed attorneys.

No revocation of visas issued before the proclamation effective date. Proclamation Section 8(c) also states that "No immigrant or nonimmigrant visa issued before the applicable effective date of this proclamation shall be revoked pursuant to this proclamation."

Exceptions

Proclamation Section 6(b) provides that the ban restrictions categorically do not apply to the following:

1. Any lawful permanent resident of the United States;
2. Any dual national of a country designated under sections 2, 3, 4, or 5 of this proclamation when the individual is traveling on a passport issued by a country not so designated;
3. Any foreign national traveling with a valid nonimmigrant visa in the following classifications: 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, or NATO-6;
4. Any athlete or member of an athletic team, including coaches, persons performing a necessary support role, and immediate relatives, traveling for the World Cup, Olympics, or other major sporting event as determined by the Secretary of State;
5. Special Immigrant Visas for United States Government employees under 8 U.S.C. 1101(a)(27)(D); and
6. Immigrant visas for ethnic and religious minorities facing persecution in Iran.

Note that Proclamation of December 16, 2025 eliminates the following exceptions that had been included in Proclamation 10949 of June 4, 2025: "Immediate family immigrant visas (IR-1/CR-1, IR-2/CR-2, IR-5) with clear and convincing evidence of identity and family relationship (e.g., DNA); Adoptions (IR-3, IR-4, IH-3, IH-4); and Afghan Special Immigrant Visas). Section 6(c) of Proclamation of December 16, 2025 makes the elimination of those 3 exceptions effective immediately on December 16, 2025, the day the proclamation was signed, for individuals subject to Proclamation 10949 of June 4, 2025. See Proclamation Section 6(c): "The exceptions in subsection (b) of this section amend and supersede the exceptions set forth in section 4(b) of Proclamation 10949 with respect to any countries listed in section 2 or 3 of Proclamation 10949 from and after the date of this proclamation."

Asylees and refugess also excepted. Proclamation Section 8(d) states, "This proclamation shall not apply to an individual who has been granted asylum by the United States, to a refugee who has already been admitted to the United States. Nothing in this proclamation shall be construed to limit the ability of an individual to seek asylum, refugee status, withholding of removal, or protection under the Convention Against Torture, consistent with the laws of the United States."

Case-by-case national interest exceptions. Proclamation Sections 4(c) and 4(d) also provide for case-by-case national interest exceptions.

• Individual exceptions made by the Attorney General. Section 6(d) creates an exception "made on a case-by-case basis for individuals for whom the Attorney General finds, in her discretion, that the travel by the individual would advance a critical United States national interest involving the Department of Justice, including when individuals must be present to participate in criminal proceedings as witnesses.  These exceptions shall be made only by the Attorney General, or her designee, in coordination with the Secretary of State and the Secretary of Homeland Security."
• Individual exceptions made by the Secretary of State. Section 6(e) creates an exception "on a case-by-case basis for individuals for whom the Secretary of State finds, in his discretion, that the travel by the individual would serve a United States national interest.  These exceptions shall be made by only the Secretary of State or his designee, in coordination with the Secretary of Homeland Security or her designee."
• Individual exceptions made by the Secretary of Homeland Security. Section 6(f) creates an exception "on a case-by-case basis for individuals for whom the Secretary of Homeland Security finds, in her discretion, that the travel by the individual would serve a United States national interest.  These exceptions shall be made by only the Secretary of Homeland Security or her designee, in coordination with the Secretary of State or his designee."

The proclamation does not specify a form or procedure for requesting consideration of a case-by-case national interest exception, and the agencies have not given any guidance on that. As a point of comparison, there was a national interest based waiver provision in the Trump-Pence administration's travel ban in Proclamation 9645 of September 24, 2017. An FAQ that the Bureau of Consular Affairs posted on April 10, 2018 (no longer available on the DOS website) had this to say about those waivers.

"There is no separate application for a waiver. An individual who seeks to travel to the United States should apply for a visa and disclose during the visa interview any information that might demonstrate that he or she is eligible for a waiver."

For now, there is no reason to believe that the process would be any different for the "national interest" individual exceptions under the Proclamation of December 16, 2025.

Review of, Adjustments to, and Removal of the Ban Provisions

Regular reviews and reports. Proclamation Section 7(a) provides that "Within 180 days of the date of this proclamation, and every 180 days thereafter, the Secretary of State, in consultation with the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence, shall submit a report to the President, through the Assistant to the President for Homeland Security, recommending whether any suspensions and limitations imposed by sections 2, 3, 4, and 5 of this proclamation should be continued, terminated, modified, or supplemented."

Engagement with the subject countries. Proclamation Section 7(b) requires the "The Secretary of State, in consultation with the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence, shall continue to engage each of the countries identified in sections 2 and 3 of this proclamation - and shall immediately engage each of the countries identified in sections 4 and 5 of this proclamation - on measures that must be taken to comply with screening, vetting, immigration, and security requirements of the United States. "

Enforcement

Proclamation Section 8(a) requires the Secretaries of State and Homeland Security to "consult with appropriate domestic and international partners, including countries and organizations, to ensure efficient, effective, and appropriate implementation of this proclamation." Proclamation Section 8(b) tells the DOS and DHS secretaries to "comply with all applicable laws and regulations" in implementing this proclamation.

No revocation of visas based on the proclamation for visas issued before the proclamation effective date. Proclamation Section 8(c) states that "No immigrant or nonimmigrant visa issued before the applicable effective date of this proclamation shall be revoked pursuant to this proclamation."

Reminder

The information contained in this resource is designed to provide general information only and should not be construed as legal advice. The application and impact of laws and government  policies and interpretations can vary widely based on the specific facts involved. While every attempt has been made to ensure that the information contained in this resource has been obtained from reliable sources, NAFSA and the publishers disclaim any and all liability resulting from reliance upon this information, or from any errors contained herein. This publication does not substitute for the direct reading of applicable laws and government guidance, nor does it constitute legal advice, which can only be obtained from licensed attorneys.