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Key Takeaways
- The Landscape: We are navigating a two-tiered restriction system: formal Presidential Proclamations (bans) and administrative Visa Freezes.
- The Risk: The primary risk for 2026 is eligibility, not just lottery odds. Employees from ~90 impacted nations face severe mobility hurdles.
- The Golden Rule: Employees from impacted groups currently inside the U.S. should not travel internationally. Re-entry is likely impossible.
- The Action: Audit your roster against the "Group A/B/C" lists below immediately to identify at-risk talent.
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The immigration landscape has shifted from "complex" to "restrictive." Unlike previous years where the focus was on H-1B lottery odds, the 2026 challenge is eligibility.
This manual breaks down the impact on your workforce based on Nationality and Location (Inside vs. Outside the U.S.). We have categorized impacts into three distinct risk groups.
GROUP A: Full Ban
Definition: Nationals from these countries face a near-total suspension of entry into the United States.
Countries: Afghanistan, Burma (Myanmar), Chad, Republic of Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, Yemen.
Impact Matrix: Group A
| Business Travel (B-1/B-2) |
Work Visas (H-1B, O-1, L-1) |
Green Card (Perm. Res.) |
|
BANNED
|
BANNED
|
BANNED
|
| Entry suspended. |
Entry suspended. New hires abroad cannot enter.
|
Consular processing suspended.
|
HR Action Plan: Employees INSIDE the U.S.
- Risk Level: CRITICAL
- The "Discretionary" Trap: Even though these employees are physically present, USCIS is issuing Requests for Evidence (RFEs) for extensions and Change of Status applications. They cite the Proclamation as a "negative factor."
- Action:
- Strict Travel Ban: Explicitly advise these employees that international travel is prohibited. If they leave, they cannot return.
- Waiver-Style Filings: For any H-1B extension or amendment, instruct counsel to include a "Discretionary Brief" highlighting positive factors: community service, long-term U.S. residence, and clean record.
HR Action Plan: Employees OUTSIDE the U.S.
- Risk Level: BLOCKED
- Recruitment: Do not extend offers to candidates residing in these countries. They cannot obtain the visa stamp required to enter.
- O-1 Visas: Being "extraordinary" does not exempt them from the ban. O-1 visas will be refused at the consulate.
- Action: Rescind outstanding offers or convert them to remote-abroad arrangements.
GROUP B: Partial Restrictions
Definition: Specific visa types (typically B-1/B-2 and some work visas) are suspended or subject to extreme vetting.
Countries: Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, Venezuela.
Impact Matrix: Group B
| Business Travel (B-1/B-2) |
Work Visas (H-1B, O-1, L-1) |
Green Card (Perm. Res.) |
|
RESTRICTED
|
SEVERE DELAYS
|
VARIES
|
| B-1/B-2 suspended for most. |
Often permitted but subject to extreme vetting (6+ months).
|
Suspended for specific categories.
|
HR Action Plan
- Inside U.S.: Highly discourage travel. While not a total ban, the risk of getting stuck in "Administrative Processing" for 6+ months is extremely high.
- Outside U.S.: Do not plan quarterly visits or training at U.S. HQ. Move business meetings to a neutral third country (e.g., Canada, UAE).
GROUP C: Administrative Visa Freeze
Definition: Approximately 75 nations facing indefinite consular freezes due to "security reviews" or reciprocity issues.Note: This list is comprehensive and includes countries from Groups A and B that are also subject to the freezes.
Impact Matrix: Group C
| Business Travel (B-1/B-2) |
Work Visas (H-1B, O-1, L-1) |
Green Card (Perm. Res.) |
|
FROZEN
|
FROZEN
|
PAUSED
|
| Appointments unavailable indefinitely. |
Appointments unavailable indefinitely.
|
Processing paused at consulates.
|
Affected Countries (By Continent)
Africa
- Algeria, Cameroon, Cape Verde, Cote d’Ivoire, Democratic Republic of the Congo, Egypt, Eritrea, Ethiopia, Gambia, Ghana, Guinea, Liberia, Libya, Morocco, Nigeria, Republic of the Congo, Rwanda, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Tanzania, Togo, Tunisia, Uganda.
Asia
- Afghanistan, Armenia, Azerbaijan, Bangladesh, Bhutan, Burma, Cambodia, Georgia, Iran, Iraq, Jordan, Kazakhstan, Kuwait, Kyrgyzstan, Laos, Lebanon, Mongolia, Nepal, Pakistan, Syria, Thailand, Uzbekistan, Yemen.
Europe
- Albania, Belarus, Bosnia, Kosovo, Macedonia, Moldova, Montenegro, Russia.
North America
- Antigua and Barbuda, Bahamas, Barbados, Belize, Cuba, Dominica, Grenada, Guatemala, Haiti, Jamaica, Nicaragua, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines.
South America
- Brazil, Colombia, Uruguay.
Oceania
HR Action Plan
- Inside U.S.: Moderate Risk. These employees are generally safe inside the U.S. and can renew visas domestically with USCIS. The danger is purely travel-related. Advise them that "quick trips" home to renew a visa stamp are currently impossible due to zero appointment availability.
- Outside U.S.: Logistical Nightmare. Even if eligible, they physically cannot get an interview. For critical hires, explore "Third Country National" (TCN) processing in Canada or Mexico, though availability is scarce.
Summary Checklist for HR Leaders
- Run a Report: Filter your active employee roster by "Citizenship." Identify everyone in Group A, B, and C.
- Issue Travel Advisories: Explicitly advise these employees that international travel is prohibited. If they leave, they may not be allowed back in.
- Update Legal Strategy: For upcoming filings (H-1B, O-1, Extensions) for these nationals, instruct outside counsel to prepare a "Discretionary Brief" highlighting the employee's community ties.
- Halt Offers: Pause recruitment for candidates currently residing in Group A countries.
Frequently Asked Questions (FAQ)
Can employees from banned countries renew their H-1B visas inside the U.S.?
Yes, generally. Employees already inside the U.S. can file for H-1B extensions or amendments with USCIS. However, these cases are facing higher scrutiny ("Discretionary RFEs"), so strong evidence of community ties and good character should be included in the filing.
Does the 2026 visa ban apply to Green Card holders (Permanent Residents)?
No. Lawful Permanent Residents (Green Card holders) are generally exempt from entry bans. However, they should expect significant delays and additional questioning at airports when returning from impacted countries.
Can we hire a candidate from a Group A country if they are currently in the U.S. on F-1 OPT?
Yes. If the candidate is already in the U.S., you can file a "Change of Status" petition (e.g., F-1 to H-1B). You do not need a visa stamp to change status domestically. However, once approved, they cannot leave the U.S., or they will be barred from re-entering.
Are O-1 "Extraordinary Ability" visas exempt from the travel ban?
No. The country-based bans in Proclamation 10949 apply to O-1 visa holders as well. Even if a candidate is deemed "extraordinary," they will be denied a visa stamp if they are outside the U.S.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Immigration laws, presidential proclamations, and consular policies are subject to rapid change, often without notice. Reading this article or contacting WayLit does not create an attorney-client relationship. HR leaders and employers should always consult with qualified immigration counsel regarding specific employee cases, risk assessments, and compliance strategies.
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