Court vacates the USCIS 39-country adjudication pause - what the Dorcas ruling means
5 mins read | Jun 5, 2026
CURRENT US TRAVEL BAN COUNTRIES
Contributor
Tukki
Reading time
8 mins read
Date published
May 9, 2026
Throughout 2025 and 2026, the United States government has banned or restricted visas for citizens of different countries and with different measures. If you hold a passport from a country affected by current US visa restrictions, you probably want to know where you stand and if you can apply for a visa or if that job offer you were eyeing is still on the table. The answer depends on which of the three restriction tiers your country sits in and the visa category you are after. It also affects whether the decision is made by USCIS or at a consulate abroad.
The framework we share below reflects the rules in force as of May 2026. We are not listing the countries per group in this article, since the official named country lists live on the State Department's pages and can change with any proclamation update or review. The safest move for you is to confirm against the source links in each section below before acting on anything here. And remember that if you need more clarity, you can always schedule a free call with our consultants.
Two separate legal instruments are in play, which is why some countries appear on more than one list.
| Tier | Scope | Legal basis | Countries | Effective |
|---|---|---|---|---|
| Group 1: Full ban | All visas suspended, immigrant and nonimmigrant | Presidential Proclamation 10998 | 19 countries (plus Palestinian Authority travel documents) | January 1, 2026 |
| Group 2: Partial ban | Immigrant visas plus B-1/B-2, F, M, J suspended; H-1B, L-1, O-1, E-2 technically available with reduced validity | Presidential Proclamation 10998 | 19 countries, with Turkmenistan as a special case (immigrant visas only) | January 1, 2026 |
| Group 3: Immigrant visa freeze | Immigrant visa consular processing only; nonimmigrant visas not affected | State Department administrative policy | 75 countries | January 21, 2026 |
Please note that because Groups 1 and 2 come from a proclamation and Group 3 comes from a separate State Department policy, the lists overlap in places. A national of one country can sit on more than one list at the same time and face both restrictions independently. We have not reproduced the named lists in this post for that reason: the names live with the agency that controls them, and reproducing them here risks falling out of date the moment a list is updated. Use the two official sources:
For nationals of Group 1 countries, the suspension is broad. All visa categories are suspended, both immigrant (the green card pathway, filed on Form DS-260) and nonimmigrant (filed on Form DS-160). That covers B-1/B-2 tourist and business visas, F and M student visas, J exchange visas and work-based categories like H-1B, L-1, and O-1. Individuals traveling on travel documents issued or endorsed by the Palestinian Authority are also included.
USCIS is not adjudicating pending cases for nationals of Group 1 countries, but is not rejecting them either; cases sit until guidance shifts. Premium processing is not recommended for Group 1 nationals, since the speed promise does not apply if the case is held. No end date has been announced.
For nationals of Group 2 countries, the scope is narrower. Immigrant visas are suspended, as are B-1/B-2 visitor visas, F and M student visas, and J exchange visas.
Other nonimmigrant categories, including H-1B, L-1, O-1, and E-2, are technically still available. The proclamation instructs consular officers to reduce visa validity to the extent permitted by law, and in practice the State Department has been issuing many of these stamps at a maximum of 3 months with a single entry permitted. That has real operational consequences: more frequent renewals, more consular appearances, and more exposure to denial at each cycle.
Turkmenistan is treated separately under the same proclamation. Only immigrant visas are suspended for Turkmen nationals; nonimmigrant categories are not restricted.
Group 3 is a separate State Department policy, not part of Proclamation 10998. It pauses immigrant visa processing for nationals of 75 countries on a public-charge risk rationale, and it affects only individuals applying for lawful permanent residence through consular processing abroad.
Nonimmigrant visas are not affected for countries appearing exclusively on the Group 3 list. H-1B, L-1, O-1, E-1, E-2, B-1/B-2, F, M, and J applications continue under normal rules at consulates, and USCIS continues to process the underlying petitions.
The Group 3 freeze has a narrower set of exceptions than Groups 1 and 2. Dual nationals on a non-listed passport are excepted, but notably there is no carve-out for spouses of US citizens.

Each tier has its own exception list, but several common categories cut across all three:
The Group 3 freeze has the tightest exception set: dual nationals on a non-listed passport, and effectively nothing else. There is no exception for spouses of US citizens under Group 3.
Whichever exception you rely on, you will need evidence at the consulate: a green card, a non-listed passport, a DNA test report from an approved lab, an SIV approval notice, or a sporting event credential, as applicable.
For Groups 1 and 2, the Secretary of State and the Attorney General can grant case-by-case waivers when travel serves a US national interest. This is called a national interest exception, or NIE.
NIEs are not routine. They generally require a specific, documented reason that the travel benefits the United States, such as critical medical treatment, urgent business supporting US economic or strategic interests, or humanitarian situations involving close family members. Requests are typically made through the consulate handling the visa application. Because NIE decisions are discretionary, outcomes vary by post and by case.
All three restrictions apply to applicants who are outside the United States and did not hold a valid visa as of each measure's effective date. Visas issued before those dates have not been revoked and remain valid until their printed expiration.
Two practical points are worth knowing. Visa validity and admission are separate decisions: a Customs and Border Protection officer at the port of entry makes the final call. And if your visa later expires, renewing it from a restricted country may be blocked under the current rules. If you hold a valid visa and live in or are visiting a listed country, consult the consulate or an immigration attorney before international travel, especially trips that would require renewal afterward.
Being inside the US in valid status used to be a clean way to sidestep a consular bar, by changing status or adjusting status without leaving the country. That is no longer the case for Group 1 and Group 2 nationals.
USCIS guidance issued in late 2025 directs officers to consider travel-ban status when adjudicating discretionary immigration benefits, and a parallel policy pauses final adjudication of pending requests from nationals of the 39 Proclamation 10998 countries. The practical effect is that change of status, extension of stay, and adjustment of status filings from Group 1 and Group 2 nationals are being flagged, slowed, or denied even when the applicant never leaves the country. The policy is being challenged in court, but it is applied in the meantime.
For Group 3 nationals, the picture is better. Group 3 is a State Department consular policy, not a USCIS adjudication policy, so change of status and adjustment of status for Group 3 nationals are generally proceeding under normal rules. If you have an approved I-140 and a current priority date, adjusting status through Form I-485 from inside the US is often the cleanest path to a green card for a Group 3 national.
Whichever group applies to you, talk to an immigration attorney before assuming an in-country path is safe. The rules here have shifted faster than the official guidance pages reflect.
Dual nationality is one of the cleanest paths around the restrictions, but the strength of the path varies by tier.
For Group 3, a dual national applying on a non-listed passport can usually proceed under normal rules. This is the most predictable case.
For Groups 1 and 2, a dual national can try with a non-listed passport, but the outcome is not guaranteed even with a clean second passport. Consular and CBP officers can look beyond the passport being presented, examining birthplace, prior nationalities, and other factors. The proclamation does not stop officers from considering a known secondary nationality during an interview, and consular discretion on visa issuance is wide. Outcomes are unpredictable even when the applicant is technically eligible.
USCIS adds another wrinkle: the dual nationality exception is built around consular processing, and USCIS officers applying the in-country guidance described above may not give a secondary citizenship the same weight a consular officer would. If you are inside the US on a Group 1 or Group 2 passport and your second nationality is non-listed, talk to an attorney about whether to present the second passport in a USCIS filing and how.
In all cases, the second nationality has to be genuine. Citizenship by descent, birth, or long-term naturalization is recognized. Residence permits and refugee travel documents are not. Disclose all nationalities on the DS-160 or DS-260, and bring documentation of each to your interview.
The list has changed several times since 2017, sometimes through new proclamations and sometimes through reviews that add or remove specific countries. The two primary sources in 2026 are:
The country-specific page on travel.state.gov for the country whose passport you hold is also worth checking, and calling the consulate handling your case is worth doing if your timeline is tight.
If you hold a passport from a listed country and need to travel to or work in the US, the practical options narrow but don't disappear.
If you already hold a valid visa and are preparing for a trip, our guide on US visa interview tips covers what consular and CBP officers focus on at entry. If a recent application was refused for reasons unrelated to the proclamation, our breakdown of what to do after a visa denial walks through the most common refusal grounds.
Tukki is a US immigration provider that helps individuals and employers with work visas and green cards, with dedicated attorney support and full case visibility at every step.
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Need more clarity?
Find quick answers to frequent visa questions from our legal experts
How long does PERM take in 2026?
PERM processing at DOL has fluctuated significantly. Audits and supervised recruitment add months on top of the base window.
The full timeline (prevailing wage plus recruitment plus DOL review) commonly runs over a year before the I-140 can be filed. See Tukki's PERM visa guide for the current timeline.
What's the difference between the 180-day rule and the Substantial Presence Test?
The "180 day rule" is an informal immigration guideline suggesting B1/B2 visitors shouldn't spend more than roughly 180 days per year in the U.S. to avoid CBP scrutiny. The Substantial Presence Test is a separate IRS tax formula that determines whether you've spent enough time in the U.S. to be taxed as a resident.
They serve different purposes: one affects your ability to enter the country, the other affects your tax obligations.
Can I submit additional documents that were not requested in the RFE?
Yes, you can submit additional documents if they strengthen your case and were missing from the original petition.
However, the additional evidence should be clearly explained and directly relevant.
Submitting large volumes of unrelated documents without context may confuse the reviewing officer.
Is it mandatory to hire a lawyer for an O-1 or EB-1A petition?
No. Technically you can self-file (for EB-1A) or have an employer file without an attorney. However, due to the complexity of the evidence, most applicants strongly benefit from legal representation.
What questions does CBP ask at the port of entry?
CBP officers typically ask about the purpose of your visit, how long you plan to stay, where you'll be staying, what you do for work, and whether you have a return ticket.
These questions help the officer confirm that your travel purpose matches your visa classification and that you intend to depart before your authorized stay expires.
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