On June 4, 2025, President Donald J. Trump signed a presidential proclamation restricting the entry of foreign nationals from 19 countries into the United States, citing national security, public safety and immigration enforcement concerns. This order was issued pursuant to section 212(f) of the Immigration and Nationality Act, which authorizes the president to suspend the entry of any class of foreign nationals whose presence in the United States would be detrimental to the national interest. The new rules take effect on June 9, 2025, and impose two types of travel restrictions: full entry suspensions and partial entry suspensions.

Full Suspension on Entry

A full suspension applies to both immigrant and nonimmigrant visa categories and prohibits virtually all nationals from the affected countries from entering the United States. This includes visitors, students, workers and individuals seeking permanent residence through an immigrant visa:

Twelve countries are subject to full entry suspensions:

• Afghanistan
• Burma (Myanmar)
• Chad
• Republic of the Congo
• Equatorial Guinea
• Eritrea
• Haiti
• Iran
• Libya
• Somalia
• Sudan
• Yemen

The administration cited a range of concerns for these countries, including terrorism, lack of reliable identity documentation, absence of cooperation in repatriating deportees and high visa overstay rates. For example, Equatorial Guinea had a student and exchange visa overstay rate exceeding 70%, while Chad had a combined overstay rate above 50%, according to the order. In other cases, such as Iran and Afghanistan, the cited reasons included state-sponsored terrorism and the lack of a functioning government capable of ensuring security vetting.

Partial Suspension on Entry

In contrast to the full suspension, a partial suspension blocks specific visa categories, most notably immigrant visas, tourist and business visitor visas (B-1/B-2), and student and exchange visitor visas (F, M and J), while leaving open the possibility of entry through other nonimmigrant visa types, such as certain employment-based or diplomatic categories. However, even in cases of partial suspension, consular officers are instructed to limit the validity period of any visas that are still issued.

Seven countries are subject to partial entry suspensions:

• Burundi
• Cuba
• Laos
• Sierra Leone
• Togo
• Turkmenistan
• Venezuela

The Proclamation Does Not Make Anyone Currently in the United States Deportable

Importantly, the entry restrictions apply only to foreign nationals from the listed countries who are outside the United States as of June 9, 2025, and do not already have valid visas. Foreign nationals lawfully present in the United States on valid visas or valid status (such as F-1 students, H-1B employees or green card holders) are not affected in terms of deportability solely because of this proclamation. They may continue living and working in the United States in accordance with the terms of their existing status.

Individuals with Valid Visas Should Avoid International Travel

Even though the proclamation states that it applies only to individuals who are outside the United States and do not have a valid visa as of June 9, 2025, individuals from the listed countries should avoid international travel. Reentry to the U.S. is not guaranteed, even with a previously valid visa, because the use of that visa after June 9 may trigger a new entry determination under INA § 212(f). Customs and Border Protection (CBP) officers may interpret the proclamation as grounds to deny admission based on visa category or national security concerns. Consular officers may also restrict or cancel visa validity in light of the proclamation. Individuals risk being denied boarding, refused entry at the port of entry or having to qualify for an exception or waiver to return. Employers, students and other affected individuals should consult immigration counsel before departing the United States.

Change and Adjustment of Status

Additionally, the proclamation does not bar the United States Citizenship and Immigration Services (USCIS) from processing change of status or adjustment of status applications for individuals who are already lawfully present in the United States. Because the proclamation is issued under INA § 212(f), which governs admission into the United States from abroad, it does not directly apply to internal immigration benefits adjudicated by USCIS. A change of status (e.g., from F-1 to H-1B) or an adjustment of status to permanent residence (green card) does not involve a new entry and is therefore outside the scope of the proclamation’s restrictions. While USCIS retains general discretion in adjudicating such requests, it cannot deny an application solely on the basis of the proclamation or the applicant’s nationality. However, individuals who change status within the United States may face barriers to reentry if they travel abroad, as the proclamation would then apply at the visa issuance or inspection stage.

Exceptions

While the proclamation imposes sweeping restrictions, it also includes limited exceptions. These include lawful permanent residents (green card holders), dual nationals traveling on passports from non-restricted countries, diplomats, certain family-based immigrant visa applicants with strong documentation, adoptions, U.S. government employees and their families under special visa programs, Afghan special immigrant visas and individuals seeking entry for national interest or humanitarian reasons. Notably, the proclamation does not apply to refugees already admitted to the United States or to those granted asylum, nor does it preclude new asylum or humanitarian claims filed in accordance with U.S. and international law.

Exception for Athletes and Sports-Related Entrants

The proclamation also allows for case-by-case exceptions for professional athletes and essential personnel traveling to the United States to participate in major sporting events, as determined by the Secretary of State. This exception may include players, coaches, medical staff, other critical team members – and their immediate relatives – who are competing under the auspices of recognized leagues, tournaments or international governing bodies. Applicants must demonstrate the significance of the event and the necessity of their presence, and any exception is subject to consular or CBP discretion. Affected individuals should coordinate closely with sponsoring organizations and immigration counsel to ensure timely and well-documented requests.

Future Developments

The proclamation directs an initial review period of 90 days during which the Secretary of State, in coordination with the Attorney General, Secretary of Homeland Security and Director of National Intelligence, must identify measurable steps that each listed country can take to improve its information-sharing practices and security protocols. This 90-day window is intended to allow the listed governments to engage with the United States and potentially qualify for waivers or modifications of the restrictions based on their response.

Following the initial review, the proclamation mandates a formal reassessment of the list every 180 days. Countries may be removed if they demonstrate meaningful progress in areas such as identity verification, cooperation in repatriation, sharing of criminal or terrorist information and reliability of travel documents. Conversely, other countries may be added to the list if they are found to have deficient vetting practices or pose similar security concerns. The Secretary of State is also instructed to maintain ongoing diplomatic engagement with listed countries to provide guidance and support for compliance with U.S. vetting standards.

Conclusion

This proclamation demonstrates a renewed emphasis on country-specific entry restrictions and enhanced pre-screening procedures in U.S. immigration policy. Foreign nationals from the listed countries, along with U.S. petitioners and sponsors, should seek immediate legal counsel to determine whether existing petitions or visa applications will be affected and whether any exemptions or waiver processes may apply.

If you have questions about how this proclamation may impact your case or your organization, please contact our immigration practice for individualized guidance.

On April 9, 2025, the U.S. Citizenship and Immigration Services (USCIS) issued guidance stating that it will begin considering individuals’ antisemitic activity on social media and the physical harassment of Jewish individuals as grounds for denying immigration benefit requests.  According to the news release, “[t]his will immediately affect aliens applying for lawful permanent resident status, foreign students and aliens affiliated with educational institutions linked to antisemitic activity.”

Under this guidance, USCIS will consider social media content that indicates that a non-citizen endorses, espouses, promotes or supports antisemitic terrorism, antisemitic terrorist organizations, or other antisemitic activity as a negative factor in any USCIS discretionary analysis when adjudicating immigration benefits. This guidance took effect immediately on April 9.

This guidance stems from President Trump’s executive orders on Combatting Anti-Semitism (issued in 2019), Additional Measures to Combat Anti-Semitism and Protecting the United States from Foreign Terrorist and Other National Security and Public Safety Threats (both issued in 2025).  To effectuate the directives of these executive orders, the U.S. Department of Homeland Security (DHS) has stated that it will enforce the existing “relevant immigration laws to the maximum degree, to protect the homeland from extremists and terrorist aliens, including those who support antisemitic terrorism, violent antisemitic ideologies and antisemitic terrorist organizations such as Hamas, Palestinian Islamic Jihad, Hezbollah and Ansar Allah aka: ‘the Houthis.’”  Hamas and Hezbollah were designated as terrorist organizations by the U.S. Department of State (DOS) in 1997, Palestinian Islamic Jihad in 2014 and the Houthis in March 2025.

Under U.S. immigration law, both the USCIS and DOS have the authority to deny immigration benefits, including the issuance of a visa, entry into the United States, and permanent resident status, if a foreign national applicant has engaged in, among other things, various types of unlawful conduct or crimes or is a member of, or has assisted, any terrorist or other armed organization or is otherwise suspected of intending to do, or, having done, those things.  For decades, any foreign national who has completed a visa application or a permanent residence application is asked many questions concerning their past, present and future activities, including whether they are terrorists and/or are members of, or have provided or intend to aid terrorist organizations.  For example, the Form DS-160, the nonimmigrant visa application form used by foreign nationals to apply for a visa to enter the United States, includes the following questions:

• Do you seek to engage in terrorist activities in the United States or have you ever engaged in terrorist activities?
• Have you ever or do you intend to provide financial assistance or other support to terrorists or terrorist organizations?
• Have you ever committed, ordered, incited, assisted or otherwise participated in extrajudicial killings, political killings or other acts of violence? 

Although affirmative answers (without sufficient ameliorating explanation(s)) will likely result in denial of the immigration benefit being sought or requested, lying about such activities will also result in denial or revocation of the benefit.

For the past decade, starting with a 2015 pilot program, USCIS has monitored and screened applicants’ social media accounts in connection with their applications for immigration benefits.  In 2016, President Obama established the Social Media Division within the Fraud Detection and National Security Directorate of USCIS, which is responsible for identifying, reviewing, vetting and adjudicating cases involving national security concerns.  The Social Media Division conducts social media screenings of applicants for immigration benefits to identify security risks and to detect fraud.  Presumably, the Social Media Division will also be tasked with monitoring the activities described in this April 9th guidance issued by the USCIS.

Takeaways

Scrutiny of social media accounts for national security purposes, including the identification of terrorists and support for terrorist activity, has been a part of the visa application and immigration benefits vetting process since the Obama Administration.  The issuance of this guidance is a reminder that such monitoring occurs and that negative determinations on immigration applications may occur if social media accounts and posts reveal support for antisemitic terrorism, violent antisemitic ideologies or antisemitic terrorist organizations.

Please contact your Bond immigration attorney if you have any questions related to this information memo.

On April 11, 2025, a new rule went into effect in which the United States government will start to strictly enforce the requirement that foreign nationals register their presence with U.S. Citizenship and Immigration Services (USCIS) and be fingerprinted if they remain in the United States for 30 days or longer.

Since the 1940s, U.S. immigration law has required all aliens 14 years of age or older (with certain limited exceptions) who remain in the United States for 30 days or longer to register their presence in the United States and to be fingerprinted, if they were not already fingerprinted when applying for a U.S. visa.[1]  Most foreign nationals who visit the United States have complied with this requirement through the visa application process, the permanent residence application process, or the Electronic System for Travel Authorization (ESTA) entry process. USCIS will now start enforcing this requirement for those individuals who have not gone through these registration processes. The two main groups who have not gone through these registration processes and are primarily affected by the new rule are:  (1) Canadians who enter through land ports-of-entry and are not required to obtain visas to enter the United States; and (2) foreign nationals who entered the United States before they turned 14 and who have remained in the United States after turning 14.

On March 12, 2025, pursuant to President Trump’s January 20, 2025 Protecting the American People Against Invasion executive order directing the U.S. Department of Homeland Security (DHS) to ensure compliance with the alien registration requirement, DHS issued an Interim Final Rule (IFR)[2] that (1) requires all aliens 14 or over in the U.S. for 30 days or longer to register their physical presence in the U.S. and provide their fingerprints (if they have not already done so), (2) creates a new online registration system and (3) establishes significant penalties for failure to register. These new requirements and systems went into effect on April 11, 2025. 

This article discusses who is and who is not affected by this IFR, how to comply with the IFR, and the consequences of failing to do so.

Who Does Not Need to Register?

Most nonimmigrant and immigrant visa holders are not required to undertake this physical presence registration process and be fingerprinted under the IFR because they have already complied with these requirements through the visa application and ESTA travel authorization process. The groups of individuals who are not required to register include the following:

• Foreign nationals staying in the United States fewer than 30 days;
• Lawful permanent residents;
• Nonimmigrants who were admitted to the United States and were issued a Form I-94 (electronic or paper) or Form I-94W;
• Any non-citizen who has been issued an employment authorization document;
• Any non-citizen who has applied for U.S. permanent residence and has attended a biometrics appointment;
• A and G visa holders;
• American Indians born in Canada who possess at least 50% blood of the American Indian race and who are present in the U.S. under the authority of 8 United States Code Section 1359[RPA4] [GD5];
• Visitors admitted under ESTA; and
• Any non-citizen issued a border crossing card.

Who Must Register?

Those who must register under the IFR include all foreign nationals who remain in the U.S. for more than 30 days who have not gone through a registration and fingerprinting process in connection with an application for a nonimmigrant visa, employment authorization, permanent residence or admission into the U.S. through ESTA. These groups include the following:

• Foreign nationals remaining in the U.S. 30 days or more who enter the United States without a visa or who don’t receive a Form I-94 record (paper or electronic);
• Foreign nationals who enter the U.S. without inspection and who have not been fingerprinted in connection with any immigration application;
• Non-US citizen children under the age of 14 who have not previously registered and will remain in the U.S. for 30 days or more. Minor children will be issued proof of registration but are not required to be fingerprinted until they turn 14; and
• All non-U.S. citizen children, regardless of previous registration, who turn 14 years old in the U.S., must update their registration and be fingerprinted within 30 days after their 14th birthday, including:
  • Permanent residents who obtained their green cards when below age 14 are required to register and complete fingerprinting by submitting a Form I-90 once they reach 14 years old.
  • Non immigrant children who turn 14 while they are in the United States. Once the child turns 14, they will need to comply with the new requirement within 30 days of their birthday, even if they have previously received a Form I-94 admission record.

Registration Procedure

Those who need to register must use the Form G-325R, which must be submitted online through an individual USCIS account. The procedure is as follows:

1. Create a USCIS account in the “myUSCIS” online platform by going to the following website: https://www.uscis.gov/file-online/how-to-create-a-uscis-online-account.
2. Select “File a Form Online” and then choose “Form G-325R” from the dropdown menu.
3. Follow the instructions to complete the Form G-325R, upload any supporting evidence. and submit the completed form once ready.
4. USCIS will issue a receipt notice once the Form G-325R has been submitted, which should be retained as proof of registration
5. Completing the Form G-325R registration will initiate the scheduling of a biometrics appointment.
6. Attend the biometrics appointment, bringing the appointment notice and a photo identification to the appointment.
7. Upon completion of the biometrics, retain the biometrics appointment notice which has been endorsed by USCIS as proof of having completed the fingerprinting.

Evidence of Registration and Penalties

The new rules require that all non-U.S. citizens over the age of 18 carry proof their registration.  For those who register under the process described above, the G-325R receipt notice and the endorsed biometrics appointment notice would constitute such evidence. For others who are not required to register under that process it might be their Form I-94, a permanent resident card or other documentation that the individual has received from USCIS.

Failure to register and/or to present valid proof may result in civil penalties of up to $5,000, imprisonment of up to 6 months, or both. Parents and/or guardians who fail to register minor children may also be held liable and subject to these same penalties.

Takeaways

Canadian citizens who enter the United States by land and who remain in the United States for more than 30 days should be cognizant of these registration requirements and make sure that they are in compliance. Similarly, parents of non-citizen children who will turn 14 should make sure to timely register their minor children’s presence in the United States in accordance with the procedures discussed above using the USCIS online account system.

Finally, as a reminder, it is important to understand that undergoing and/or completing this registration process does not confer lawful immigration status or the right to remain in the United States, nor do the documents issued as part of this registration process provide the right to remain in the United States, employment authorization to work in the United States, or any other right or benefit under the U.S. immigration laws. These documents are only proof that the individual has complied with the physical registration requirements.

Please contact your Bond, Schoeneck King, PLLC Immigration attorney if you have any questions regarding registration requirements and the registration process.

[1] The current law, Section 262 of the Immigration and Nationality Act (INA) (8 U.S.C. 1302), was enacted in 1952.

[2]https://www.federalregister.gov/documents/2025/03/12/2025-03944/alien-registration-form-and-evidence-of-registration#:~:text=DATES%3A-,Effective%20date%3A%20This%20IFR%20is%20effective%20April%2011%2C%202025.,received%20by%20April%2011%2C%202025

As we reported last week, on July 6, 2020, U.S. Immigration and Customs Enforcement (ICE) announced that F-1 and M-1 nonimmigrant students attending schools operating entirely online were not permitted to remain in the U.S. and take a full online course load during the fall 2020 semester. As a result of this directive, students in the U.S. currently enrolled in entirely online schools and/or programs for the fall 2020 semester would have had to depart the U.S. or transfer to another institution with in-person instruction to remain in valid student status. Further, this modification would have applied: (i) where a school pivoted from in-person or hybrid instruction to online-only instruction mid-semester (like what occurred during the spring 2020 semester); and/or (ii) where a nonimmigrant student changed their course selections from a combination of in-person and online courses to online-only courses. 

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As we reported in our recent information memo, COVID-19 has created an evolving immigration environment. The related federal agencies and the White House have responded with a number of temporary policy and procedural changes to help minimize the spread of the virus in the U.S. and to help employers comply with various laws during this extremely challenging time. It remains essential for employers to maintain immigration compliance during the COVID-19 emergency and to take the steps necessary to maintain the nonimmigrant status and work authorization of their foreign national employees. In addition, now that businesses and organizations are beginning to reopen pursuant to government guidelines, employers are advised to keep abreast of the latest legal developments and various obligations they may have over the next few months as we slowly return to our workplaces.

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As you know from the August 2, 2018 Higher Education Law Report, the U.S. Citizenship and Immigration Services’ (“USCIS”) policy memorandum dramatically changing the way USCIS calculates unlawful presence for students and exchange visitors in F, J and M nonimmigrant status and their dependents took effect on August 9, 2018. Very late in the evening of August 9, 2018, USCIS released a revised final policy memorandum which supersedes the prior one and addresses unlawful presence for F and M nonimmigrants with timely filed or approved reinstatement applications and J nonimmigrants who are reinstated by the U.S. Department of State, the agency that administers the J-1 exchange visitor program.

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August 9, 2018, the effective date of U.S. Citizenship and Immigration Services' (“USCIS”) policy memorandum that dramatically changes the way USCIS will calculate unlawful presence for students and exchange visitors in F, J and M nonimmigrant status and their dependents, is just around the corner. As such, it is essential for Designated School Officials (“DSO”) on college and university campuses to remind nonimmigrant students and exchange visitors of the upcoming policy change to ensure that they do not violate it and jeopardize their stay in the U.S.

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Two federal judges have blocked President Trump’s third try at implementing a nationwide travel ban.

The first ruling blocking the administration from enforcing the September 24^th Presidential Proclamation, which restricts travel into the U.S. by foreign nationals from eight countries, came from the U.S. District Court for the District of Hawaii on Tuesday, October 17, 2017, just hours before the travel ban was scheduled to go into effect. The Hawaii District Court issued a temporary restraining order (“TRO”), basing its decision on the same analysis used by the Ninth Circuit Court of Appeals when it set aside the earlier version of the travel ban – that is, that President Trump exceeded his authority under statutory federal immigration law. As a result of the TRO, nationals from Chad, Iran, Libya, Somalia, Syria and Yemen are exempt from the travel ban, but nationals from North Korea and Venezuela remain subject to the travel restrictions set forth in the Presidential Proclamation.

In his decision, Judge Watson noted that the latest travel ban is being challenged in part because the original travel ban, issued back in January of this year, was an attempt to create a “Muslim Ban”, and President Trump “has never renounced or repudiated his calls for a ban on Muslim immigration.” He wrote that the third iteration of the ban “suffers from precisely the same maladies as its predecessor”, and that it “plainly discriminates based on nationality” in a way that is opposed to federal law.

The second ruling, issuing a preliminary injunction blocking the ban from being enforced, came from the U.S. District Court for the District of Maryland on Wednesday, October 18, 2017. In a narrower decision, Judge Chuang blocked the administration only from enforcing the travel ban against travelers from Iran, Libya, Somalia, Syria, Yemen and Chad with a “bona fide relationship” with people or institutions in the U.S. Judge Chuang found that the Presidential Proclamation violated the First Amendment’s establishment clause since it is aimed at Muslims.

In response to the injunctions, the Justice Department has stated that it plans to appeal the Hawaii District Court’s ruling. We anticipate that the Maryland District Court ruling will also be appealed. In the meantime, the TRO and preliminary injunction are intended to maintain the status quo.

We will continue to apprise clients regarding any developments as they unfold.

Last week, a spokesperson for the U.S. Citizenship and Immigration Services (USCIS) confirmed that in-person interviews will now be required for employment-based nonimmigrant visa holders (e.g., H-1B, O-1, etc.) applying to adjust their status to permanent residents (“green card” holders).  Information currently available from the USCIS indicates that this interview requirement is expected to take effect on October 1, 2017.  This mandate appears to be a result of the Trump administration’s plan to apply “extreme vetting” to immigrants and visitors traveling to the U.S.

Traditionally, employment-based adjustment of status applicants have not been interviewed as part of the process, unless deemed necessary by the government. The interview mandate will most likely lengthen the processing times for green card applications as approximately 130,000 employment-based applications are filed annually with the USCIS.  Currently, the USCIS is taking more than 6 months to process employment-based green card applications at its various service centers throughout the United States.

There is no word on where the USCIS intends to conduct interviews pursuant to this mandate. We will provide updates as additional information becomes available.

Late Wednesday, March 15, just hours before President Trump’s new travel ban was scheduled to take effect, the U.S. District Court for the District of Hawaii granted a temporary restraining order that prevents the implementation of Executive Order 13780.  Recall, President Trump issued Executive Order 13780, entitled, “Protecting the Nation from Foreign Terrorist Entry into the United States” (“EO 13780”), on March 6, 2017.  The temporary restraining order issued by the U.S. District Court in Hawaii prohibits the federal government from enforcing EO 13780 on a nationwide basis. As you know from our March 7, 2017 blog post, EO 13780 sought to suspend the entry of non-immigrants from Iran, Libya, Somalia, Sudan, Syria and Yemen for an initial 90-day period if they were not physically present in the U.S. on March 16, 2017, did not have a valid visa at 5:00 pm EST on January 27, 2017, and did not have a valid visa on March 16, 2017.  EO 13780 also sought to suspend the entire refugee admission program for 120 days and to cap the admission of refugees to no more than 50,000 for fiscal year 2017.  As a result of the decision of the U.S. District Court in Hawaii on March 15, foreign nationals hailing from any of the restricted countries may continue to travel to the U.S. until further notice. At a rally in Nashville, Tennessee on Wednesday evening, President Trump criticized the ruling issued by the U.S. District Court in Hawaii and further declared that his administration will fight to uphold EO 13780, including the travel ban, all the way to the Supreme Court, if necessary.  Given the fluidity of this situation, we continue to advise that individuals from the restricted countries who are presently in the U.S. forego any unnecessary international travel at this time.