EB-5 Visa Ban: Can Nationals from Restricted Countries Still Apply?

For many years, the EB-5 Immigrant Investor Program was one of the few U.S. immigration pathways open to citizens of all countries. However, as of June 2025, this has changed. President Trump issued the Presidential Proclamation: Restricting the Entry of Foreign Nationals to Protect the United States From Foreign Terrorists and Other National Security and Public Safety Threats. It now affects citizens of certain countries — including those applying for an EB-5 visa. In this article, we’ll break down who is affected, what the new entry bans mean for EB-5 applicants, and what options still remain for those impacted.

Full US Visa Ban: 12 Countries

The following countries are now subject to a full entry ban for all immigrant and nonimmigrant visa categories — including EB-5:

• Afghanistan
• Burma (Myanmar)
• ChadCongo (Republic)
• Equatorial Guinea
• Eritrea
• Haiti
• Iran
• Libya
• Somalia
• Sudan
• Yemen

If you are a national of one of these countries and have not yet received an immigrant visa (including EB-5) from a U.S. consulate as of June 4, 2025, you are currently ineligible to be issued a visa — even if your EB-5 petition has already been approved.

Full US Visa Ban: 12 Countries

Citizens of the following countries are subject to limited restrictions, which currently apply only to certain nonimmigrant visa types (such as B-1/B-2 tourist, F/M student, and J exchange visitor visas):

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

Important: EB-5 visa applicants from these countries are not subject to a full ban and may still proceed with their investment and immigrant petition.

Who Is Exempt from the Restrictions?

The following individuals may still be eligible to apply for or receive an EB-5 visa:

1. Citizens of countries not listed in the bans
2. Dual nationals who hold a passport from a country not subject to restrictions
3. EB-5 applicants with an approved I-526 or I-526E petition — USCIS will continue processing
4. Applicants adjusting status through Form I-485 from within the U.S. may still proceed

What Does This Mean for EB-5 Investors?

If you’re a citizen of one of the 12 fully restricted countries and you don’t hold a second passport, you will currently be unable to receive an EB-5 visa from a U.S. consulate until further notice.

However, if you:

• Have dual citizenship with an unrestricted country,
• Were already issued your EB-5 visa before June 4, or
• Are applying through adjustment of status (Form I-485) from inside the U.S.,

— you may still qualify to proceed with your EB-5 process.

What Happens Next?

At this stage, the U.S. government has not yet released guidance on possible waiver procedures for EB-5 investors from fully banned countries. USCIS is expected to provide additional updates in the coming weeks.

We recommend that affected applicants:

• Monitor official USCIS and State Department channels for new announcements
• Consult with an immigration attorney or EB-5 advisor for case-specific guidance
• Consider second citizenship if available, to maintain eligibility for the program

A Major Shift in EB-5 Accessibility

Historically, the EB-5 program was open to all nationalities without country-based restrictions. This policy change marks a significant shift and introduces new geopolitical and legal complexities to what has traditionally been a straightforward investment immigration path.

While the current entry ban is in effect, it’s possible that a future U.S. administration could reverse or ease these restrictions — especially for investor visa categories like EB-5. Although nothing is guaranteed, past transitions in government have led to swift policy changes. If you’re impacted, it may be wise to prepare in advance so you’re ready to act when conditions shift.

Source: https://www.lexology.com/library/detail.aspx?g=5ac90492-9ec9-4856-a6ce-16d8662004cd