Although the current administration has confirmed that an anticipated travel ban is temporarily on hold, it remains a stated policy priority. Employers should prepare now to minimize disruption if restrictions are implemented. As history shows, bans can be announced quickly, with immediate effect, leaving businesses scrambling if they have not taken proactive steps.
The restrictions impacted tens of thousands of travelers and created significant challenges for companies moving talent into the United States.
Legal challenges are expected, but several factors could make a new ban harder to block:
Employers should therefore assume that any ban could withstand legal scrutiny and remain in place once implemented.
A future US travel ban remains a real possibility in 2025. Employers should act now to:
Early preparation is the best defense against sudden restrictions that could significantly impact talent mobility, business continuity, and global workforce planning.
A Look Back: Travel Bans in the First Term
- In January 2017, President Trump signed Executive Order 13769 (EO13769), restricting entry for nationals of seven majority-Muslim countries.
- After initial court challenges, the administration revised its approach, leading to EO13780, which restricted citizens of Chad, Iran, North Korea, Libya, Somalia, Sudan, Syria and Yemen from obtaining certain visa categories.
- Over time, the list was modified—Chad was removed, while Eritrea, Kyrgyzstan, Myanmar and Nigeria were added.
- EO13780 was upheld by the Supreme Court in 2018 and remained in effect until revoked by President Biden in 2021.
The restrictions impacted tens of thousands of travelers and created significant challenges for companies moving talent into the United States.
Current Landscape: Second-Term Developments
- On January 20, 2025, the president directed agencies to increase vetting and to prepare a report identifying countries where visa applicants cannot be reliably screened.
- This report, originally due by March 20, 2025, has not yet been finalized. However, the State Department has already revoked visas for South Sudanese nationals and suspended routine visa services at the US Embassy in Chad.
- While no new ban has been announced, these actions signal the administration’s intent to act. Employers should prepare for restrictions to be implemented later in 2025.
Could a New Travel Ban Be Challenged?
Legal challenges are expected, but several factors could make a new ban harder to block:
- The administration is taking a methodical, security-based approach this time, with formal agency analysis to support restrictions.
- The Supreme Court’s 2018 decision upholding EO13780 provides legal precedent for restrictions grounded in national security.
Employers should therefore assume that any ban could withstand legal scrutiny and remain in place once implemented.
Employer Strategies to Mitigate Risk
1. Review Employee Citizenship and Birthplaces
- Go beyond primary nationality—review country of birth and dual citizenships.
- Past bans caused confusion over dual nationals; recent anecdotal cases suggest Canadian citizens born in Iran or Afghanistan have already faced challenges.
2. Anticipate Impacts on H-1B and L-1 Processes
- Even with an approved petition, visa stamping at a US consulate is required.
- Past bans demonstrated that approved petitions did not override nationality-based restrictions. Employers should build contingency plans for key employees.
3. Business Traveler Considerations
- Nationals of affected countries could face entry bans as visitors.
- For those who may still qualify, longer appointment wait times and B-1 scrutiny are expected.
- File early: visas issued before restrictions may remain valid.
4. Review Non-Essential Travel
- Employees from potentially affected nationalities should reconsider international travel.
- In 2017, returning residents with valid visas and green cards were ultimately permitted, but current rules remain unclear.
5. Prepare for Potential Removals
- The latest executive order directs DHS to act where grounds for exclusion or removal are identified.
- While not explicitly mandating deportation, companies should be ready for the possibility of removals and develop contingency staffing plans.
Key Takeaway
A future US travel ban remains a real possibility in 2025. Employers should act now to:
- Audit their workforce to identify potentially affected employees.
- Plan for mobility disruptions across both temporary and long-term assignments.
- Coordinate with trusted immigration providers to adapt quickly as policies evolve.
Early preparation is the best defense against sudden restrictions that could significantly impact talent mobility, business continuity, and global workforce planning.
