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New 2026 Travel Ban and USCIS “Hold and Review” Policy: What This Means for Immigrants

New 2026 Travel Ban and USCIS “Hold and Review” Policy: What This Means for Immigrants

If you or someone you know is from one of 39 countries now affected by the expanded travel ban that took effect on January 1, 2026, you're likely concerned about what this means for your immigration case. The situation has become more complex with the addition of a USCIS processing pause that affects not just new visa applications, but also pending immigration benefit requests already in the system.

Here's what you need to know and what steps you should take now.

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Understanding the 2026 Travel Ban

On December 16, 2025, the White House issued Presidential Proclamation 10998, an expanded travel ban that more than doubled the number of affected countries from 19 to 39, plus individuals traveling on Palestinian Authority-issued documents. The restrictions officially took effect at 12:01 a.m. EST on January 1, 2026.

 

Full Entry Restrictions (19 Countries)

The following countries are subject to complete suspension of both immigrant and nonimmigrant visa issuance, meaning nationals cannot obtain any type of visa to enter the United States:

Afghanistan, Burkina Faso, Burma (Myanmar), Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Laos, Libya, Mali, Niger, Sierra Leone, Somalia, South Sudan, Sudan, Syria, and Yemen.

Additionally, individuals traveling with Palestinian Authority-issued travel documents are also subject to these restrictions.

 

Partial Entry Restrictions (20 Countries)

These countries face suspension of immigrant visas and certain nonimmigrant visas (B-1/B-2 visitor visas, F student visas, M vocational student visas, and J exchange visitor visas). Other visa types may still be available but with reduced validity periods:

Angola, Antigua and Barbuda, Benin, Burundi, Côte d'Ivoire, Cuba, Dominica, Gabon, The Gambia, Malawi, Mauritania, Nigeria, Senegal, Tanzania, Togo, Tonga, Turkmenistan (immigrant visas only), Venezuela, Zambia, and Zimbabwe.

 

Who Is Protected from the Travel Ban?

The travel ban applies only to individuals who meet both of these conditions:

  1. Were outside the United States on January 1, 2026
  2. Did not hold a valid U.S. visa on January 1, 2026

Important protections:

  • Lawful permanent residents (green card holders) are exempt
  • Existing valid visas will NOT be revoked
  • Dual nationals traveling on a passport from a non-restricted country are exempt
  • Certain diplomatic visas and special categories have exemptions
  • Athletes, coaches, and support staff for World Cup and Olympics competitions
  • Those whose entry serves a U.S. national interest (case-by-case determination)

 

The USCIS "Hold and Review" Policy: A Critical Development

What many people don't realize is that the travel ban is just one part of the story. USCIS issued a policy memorandum implementing adjudicative holds on many pending immigration benefit requests involving individuals born in or citizens of affected countries, even if they're already in the United States.

 

What's Being Held?

As of January 1, 2026, USCIS has placed an adjudicative hold on ALL pending immigration benefit requests for anyone who was born in or is a citizen of one of the 39 travel ban countries. This includes:

  • H-1B, L-1, O-1 and other work visa petitions
  • Green card applications (Form I-485)
  • Employment authorization documents (Form I-765)
  • Travel documents (Form I-131)
  • Naturalization applications (Form N-400)
  • Removal of conditions petitions (Form I-751)
  • Applications to extend or change status

Critical point: This hold applies regardless of when you entered the United States. Even if you've been living and working legally in the U.S. for years, if you have a pending application and you were born in or are a citizen of one of these countries, your case is now on hold.

 

Re-Review of Previously Approved Benefits

USCIS is also conducting comprehensive re-reviews of immigration benefits that were approved on or after January 20, 2021, for individuals from these countries. This means:

  • Your previously approved status could be re-examined
  • You may be called for a new interview
  • Additional documentation may be requested
  • In some cases, approvals could potentially be reconsidered

Limited Exceptions to the Hold

A small number of applications are exempt from the processing hold:

  • Form I-90 (replacement of green card)
  • Applications for athletes and teams participating in the World Cup or Olympics
  • Cases where entry serves a U.S. national interest
  • Applications specifically prioritized by law enforcement for public safety reasons

What Should You Do Right Now?

If You're Outside the U.S. Without a Valid Visa

Act immediately. If you're affected by the travel ban and planning to travel to the United States:

  1.  Consult with an immigration attorney before making travel plans
  2.  Do not assume you can obtain a visa under the new restrictions
  3.  If you qualify for a national interest waiver, work with an attorney to present a strong case
  4.  Be aware that consular processing for affected nationals has essentially stopped

If You're in the U.S. With a Pending Application

Expect significant delays. USCIS has stated there is no end date for the processing hold. Here's what you should do:

  1.  Monitor your work authorization carefully. If your employment authorization is approaching expiration, speak with your employer and immigration attorney immediately about options
  2.  Avoid international travel if possible. There are reports of heightened scrutiny at ports of entry, even for those with valid visas or green cards
  3. Keep all documentation current. Maintain proof of your legal status, work authorization, and ties to the United States
  4. Respond promptly to any USCIS requests. If you receive a Request for Evidence (RFE) or interview notice, work with an attorney to provide comprehensive responses
  5. Document your community ties. USCIS may request proof of good moral character through reference letters from friends, neighbors, employers, or community organizations

What Happens Next?

The proclamation requires the Secretary of State to review the travel ban every 180 days to determine whether restrictions should be continued, modified, or terminated. However, there is no specified end date for the USCIS processing hold.

USCIS has stated it will develop a prioritized list of cases for review, interview, or re-interview within 90 days of the policy's implementation. However, no timeline has been provided for when cases will actually be adjudicated.

 

The Bigger Picture

The combination of the travel ban and USCIS processing holds represents one of the most significant restrictions on legal immigration in recent history. The policies affect hundreds of thousands of people who followed all legal procedures to seek visas, green cards, or citizenship.

While the stated goal is protecting national security, many immigration advocates have questioned why the policies apply so broadly, including to small children, students, and family members of U.S. citizens who have already undergone extensive vetting.

 

Get Professional Guidance

If you or someone you know is affected by these policies, it's crucial to consult with an experienced immigration attorney who can:

  • Assess your specific situation and eligibility for exemptions
  • Advise on the risks of international travel
  • Help prepare strong responses to USCIS requests
  • Monitor your case for any developments
  • Explore alternative pathways if available

If your case is pending or approved and you are from one of the affected countries, speaking with an immigration attorney now can help you avoid travel risks, employment interruptions, or unexpected case reviews.

📅 Schedule a consultation today to speak with our team and learn how we can support you and your family through your immigration journey.