Recent federal actions have significantly expanded both U.S. travel restrictions and U.S. Citizenship and Immigration Services (USCIS) adjudication policies affecting foreign nationals from designated countries. These changes have immediate and far-reaching implications for visa applicants, employers, and individuals with pending or approved immigration benefits.
On January 1, 2026, the White House implemented an expanded travel ban restricting and limiting the entry of certain foreign nationals into the United States. The stated purpose of the proclamation is to protect U.S. national security and public safety by restricting entry from countries deemed to present heightened security or information-sharing concerns.
Key Features of the Updated Travel Ban
- Expanded country list: The updated ban significantly broadens the number of affected countries compared to prior iterations.
- Entry-based restrictions: The proclamation restricts the entry of foreign nationals who are citizens of designated countries, subject to limited exceptions.
- Narrow exemptions: While prior versions of the travel ban included broader exemptions, the current ban is more restrictive. Notably, immediate relatives of U.S. citizens are no longer categorically exempt, marking a substantial shift from earlier policy.
- Discretionary waivers: Limited waivers may be available in specific circumstances, but they are expected to be applied narrowly and on a case-by-case basis.
The travel ban directly affects visa issuance and admission to the United States, but its impact extends beyond entry alone. USCIS has taken steps to align its internal adjudication practices with the expanded ban, resulting in additional consequences for individuals already in the immigration process.
Updated USCIS Adjudication Policies
In addition, USCIS issued a memorandum on January 1st, which announced the expansion of its adjudication hold and re-review policies to align with the newly expanded travel ban country list. These policies build on earlier guidance issued in December 2025 following the June 2025 travel ban.
USCIS now directs its officers to:
- Place an adjudicative hold on all pending immigration benefit requests for foreign nationals who:
- Were born in or are citizens of one of the 39 countries listed in the January 1 travel ban, or
- Carry a travel document issued or endorsed by the Palestinian Authority; and
- Conduct a comprehensive re-review of immigration benefit requests that were approved on or after January 20, 2021, for individuals who meet the above criteria.
These changes represent a notable expansion from the December 2025 policy, which required review of approved cases only if the foreign national entered the United States on or after January 20, 2021.
Under the expanded policy, affected applications and petitions will undergo heightened scrutiny, including:
- Re-review of eligibility and admissibility;
- Possible interviews or re-interviews; and
- Review focused on identifying potential security or public safety concerns or other security-related grounds of ineligibility.
Importantly, USCIS has clarified that an adjudicative hold allows officers to process a case up to, but not including, final adjudication. As a result:
- Cases subject to a hold may still receive Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs).
- USCIS will not issue final approvals, denials, or dismissals while the hold remains in place
Scope of Impact: Countries Affected
The newly expanded travel ban applies to foreign nationals from the following countries:
Afghanistan, Angola, Antigua and Barbuda, Benin, Burkina Faso, Burma, Burundi, Chad, Republic of Congo, Côte d’Ivoire, Cuba, Dominica, Equatorial Guinea, Eritrea, Gabon, The Gambia, Haiti, Iran, Laos, Libya, Malawi, Mali, Mauritania, Niger, Nigeria, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Togo, Tonga, Turkmenistan, Venezuela, Yemen, Zambia, and Zimbabwe.
In addition, individuals seeking to travel to the United States using Palestinian Authority-issued or endorsed travel documents are subject to both the travel ban and related USCIS adjudication policies.
The combination of the expanded travel ban and USCIS’s enhanced adjudication and re-review policies creates significant uncertainty and potential delays for affected foreign nationals and their employers. Individuals with pending or previously approved immigration benefits should be prepared for extended processing times and increased scrutiny, even in long-standing cases.
For questions about how these developments may affect your immigration status or a pending or approved petition, please contact me at cprescott@psbplaw.com.