Urgent Travel Warning for Foreign Nationals: Newly Expanded Travel Ban and Canceled Visa Appointments May Leave You Stranded Abroad
Many foreign nationals travel home during the holidays to visit family. Recent federal actions have significantly restricted international travel for some foreign nationals, creating a risk that some individuals could be stranded outside the United States for extended periods. These disruptions can affect both the individual and their US employer.
On December 16, President Trump expanded his prior travel ban and, effective January 1, 2026, citizens of the following countries who are outside the United States without a visa valid by January 1 are fully or partially banned from entering the United States (unless you meet one of the exceptions below, such as green card holders).
H-1B and H-4 Visa Appointment Cancellations
In addition to the newly expanded travel ban, many US Consulates and Embassies (particularly in India) are cancelling H-1B and H-4 visa appointments and rescheduling them for several months later (sometimes almost one year later) to accommodate the extra vetting time needed to conduct the expanded online media vetting process instituted for H-1B and H-4 visa applicants. Thus, foreign nationals who need a new H-1B or H-4 visa should confirm the date of their visa appointment before leaving the United States so that they are not unexpectedly left abroad for several months, causing operational and staffing problems for their US employers and potentially jeopardizing the worker’s job. US employers should be cautious about allowing foreign nationals to work abroad because it could have significant corporate tax implications and employment law compliance issues.
Travel Ban
Full Suspension of Entry
Citizens of the following countries are banned from entering the United States: Afghanistan, Burma (Myanmar), Chad, the Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, Yemen, Burkina Faso, Laos, Mali, Niger, Sierra Leone, South Sudan, Syria, and individuals traveling on documents issued or endorsed by the Palestinian Authority.
Partial Suspension of Entry
Citizens of the following countries are banned from entering the United States on B-1, B-2, B-1/B-2, F, M, and J visas: Burundi, Cuba, Togo, and Venezuela, Angola, Antigua and Barbuda, Benin, Côte d’Ivoire, Dominica, Gabon, The Gambia, Malawi, Mauritania, Nigeria, Senegal, Tanzania, Tonga, Zambia, and Zimbabwe. In addition, citizens of these countries will receive visas with shorter durations than before, requiring them to be repeatedly re-evaluated for new visas.
Note: Turkmenistan is removed from the partial ban for nonimmigrant/temporary visas but nationals of Turkmenistan remain restricted for immigrant visas.
Exceptions
The following foreign nationals are exempt from the travel ban restrictions: (1) those with valid visas as of January 1; (2) green card holders or lawful permanent residents; (3) those granted asylum or refugee status as of January 1; (4) immigrant visas for ethnic and religious minorities facing persecution in Iran; (5) dual nationals when the individual is traveling on a passport issued by a country not subject to the travel ban; (6) foreign nationals traveling on the following visas, 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; (7) athletes, coaches, those in supporting roles, and immediate relatives traveling for the World Cup, Olympics, or other major sporting event as determined by the US Secretary of State; and (8) Special Immigrant Visas for US government employees.
In addition, the Attorney General, Secretary of State, or Secretary of Homeland Security may grant exceptions on a case-by-case basis in the national interest.
Extension/Modification of Restrictions
The travel ban will be reviewed every 180 days and modifications may be issued.
Bonds and Passport Validity Requirements
Visa Bonds Required
Citizens of the following countries traveling with a B-1 or B-2 (business visitor/tourist) visa must pay a bond for $5,000, $10,000, or $15,000. The consular officer will set the amount at the visa interview, and the applicant will complete a Form I-362 and will be given a link to pay.gov to pay the bond online. Applicants must only enter and exit the United States through (1) Boston Logan International Airport, (2) John F. Kennedy International Airport, or (3) Washington Dulles International Airport. The bond money will be returned if (1) the applicant leaves the United States by the date authorized to do so (typically the I-94 expiration date), the applicant never travels to the United States before the visa expires, or (3) the applicant applied, but was denied, admission to the United States at the port of entry (ex: airport).
Countries Requiring Bonds
Effective Now: Mauritania, Sao Tome and Principe, Tanzania, The Gambia, Malawi, and Zambia.
Effective January 1, 2026: Bhutan, Botswana, Central African Republic, Guinea, Guinea Bissau, Namibia, and Turkmenistan.
Six-Month Passport Validity Requirement
Visitors traveling to the United States must have passports that are valid for six months beyond the period of their intended stay in the United States. However, citizens of the countries listed at the link below are exempt from the six-month rule and need only have a passport valid for their intended period of stay. See 9 FAM 403.9-3(B)(2) here for the current list of countries.
Practical Considerations
Foreign nationals are advised to exercise caution with foreign travel and confirm visa appointments before leaving the United States. Verify that no travel restrictions or country-specific requirements apply based on citizenship. Coordinate with employers well in advance of any international travel so necessary arrangements can be made and any required paperwork can be provided. Track the expiration dates of both visas and I-94’s, particularly as many countries have shortened the visa duration. Send copies of these documents to immigration counsel. Generally, the I-94 is the authorization to live and work in the United States, and the visa is the travel authorization.
If you have any questions, please contact Berin S. Romagnolo or Nancy A. Noonan.
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