Surviving the 75- and 39-Country Travel Restrictions: How We Secured a National Interest Exception

With sweeping visa restrictions affecting nationals of 75 and 39 countries, securing a U.S. visa has become increasingly challenging. But even under the toughest immigration restrictions, exceptions are possible.

Here’s how we overcame a visa refusal under the travel ban and successfully secured a National Interest Exception (NIE) for our clients.

Status of the Travel Bans

The U.S. Department of State implemented two significant immigration restrictions affecting nationals of dozens of countries. Although both measures created substantial barriers to visa issuance, their legal status has since changed.

As of October 18, 2026, the 39-country travel ban remains in effect, while the 75-country immigrant visa suspension was lifted following a federal court ruling on August 21, 2026.

Immigration Restriction	Current Status
39-Country Travel Ban	Still in effect
75-Country Immigrant Visa Suspension	Lifted August 21, 2026

Which Countries Are Subject to the 39-Country Travel Ban?

Under Presidential Proclamation 10998, effective January 1, 2026, nationals of 39 countries face full or partial restrictions on U.S. visa issuance and entry into the United States.

Full Restriction (19 countries): Afghanistan, Burma (Myanmar), Burkina Faso, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Laos, Libya, Mali, Niger, Sierra Leone, Somalia, South Sudan, Sudan, Syria, and Yemen. Restrictions also apply to individuals traveling on documents issued or endorsed by the Palestinian Authority.
Partial Restriction (20 countries): Angola, Antigua and Barbuda, Benin, Burundi, Côte d’Ivoire, Cuba, Dominica, Gabon, The Gambia, Malawi, Mauritania, Nigeria, Senegal, Tanzania, Togo, Tonga, Turkmenistan, Venezuela, Zambia, and Zimbabwe.

Who Is Affected?

The travel ban generally applies to nationals of designated countries who were outside the United States and did not hold a valid U.S. visa on January 1, 2026.

Individuals who already held a valid U.S. visa on that date are generally exempt from the proclamation and may continue traveling to the United States, provided their visa remains valid and they meet all other entry requirements. The proclamation does not automatically revoke previously issued visas, and lawful permanent residents (green card holders) are exempt.

For those subject to the ban, visa issuance and entry may be restricted even if they otherwise qualify for a U.S. visa. However, certain exceptions remain available, including a National Interest Exception (NIE) for applicants whose entry would serve the national interest of the United States.

What Happens When the Travel Ban Results in a Visa Refusal?

No interview questions. No opportunity to explain. Just a refusal under the Presidential Proclamation.

That was our clients’ experience when a consular officer abruptly refused their visa application without giving them an opportunity to present their case.

They walked out of the U.S. Embassy with a refusal that appeared to bring their immigration journey to an end.

Eight weeks later, that same U.S. Embassy issued their visas under a National Interest Exception (NIE).

How Did We Turn a Visa Refusal Into an Approval?

The answer lies in an important exception to the travel ban: the National Interest Exception (NIE).

An NIE permits certain applicants who would otherwise be subject to the travel restrictions to obtain a visa when their entry would serve the national interest of the United States.

However, securing an NIE is neither automatic nor guaranteed. It requires demonstrating why an applicant’s particular circumstances warrant favorable consideration under the applicable exception.

In our clients’ case, the initial refusal was not the end of the road. By developing a targeted legal strategy and presenting a compelling case for a National Interest Exception, we successfully obtained visa approvals just eight weeks after their initial refusals.

Here’s how we did it.

Case Study: How We Secured a National Interest Exception

Our clients’ employment-based green card applications were refused solely because of the 39-country travel ban, despite having no underlying eligibility or admissibility issues.

Rather than accepting the refusal, we built a compelling NIE request focused on one question: How would the U.S. be negatively impacted if our client could not enter?

Our Five-Part Strategy

Demonstrate the Impact on U.S. Interests

We showed that our client’s absence would jeopardize a time-sensitive federal government contract requiring specialized skills not readily available among existing U.S. personnel. We submitted the contract, statement of work, employer letters, and project deadlines to establish the consequences of delayed entry.

Address National Security Concerns

We distinguished our client from the broader country-level concerns underlying the ban by documenting previous U.S. visas, successful security vetting, no immigration violations or criminal history, and a high-level security clearance.

Use the Proper Consular Channel

We submitted the NIE request directly to the U.S. Embassy adjudicating the visa and requested consideration through the Secretary of State’s designated review process.

Keep the Request Concise

Our legal memorandum was under four pages, followed by clearly organized exhibits with brief captions. We focused on the strongest arguments rather than overwhelming officials with unnecessary documentation.

Present Compelling, Time-Sensitive Evidence

The most important evidence was the U.S. employer’s support letter, which identified specific deadlines, explained why our client’s expertise was essential, and detailed the consequences for the federal project if the visa was delayed. We reinforced this with the client’s résumé, qualifications, and project timeline.

The Result: Approval in Eight Weeks

Eight weeks after the initial refusal, the same U.S. Embassy issued our clients’ immigrant visas following NIE approval. The client’s visa stamp reflected that his visa was being approved under the NIE.

Why Some NIE Requests Fail

Many NIE requests fall short because they focus on personal hardship rather than the U.S. national interest. Emotional appeals, difficult conditions in the applicant’s home country, or arguments about why the applicant needs to leave are generally insufficient.

Vague claims that an applicant will “contribute to the U.S. economy” or that “the United States needs their skills” are unpersuasive without specific supporting evidence.

The key is specificity: Identify the U.S. interest at stake, explain how the applicant’s absence would affect it, and support every claim with concrete evidence.

The takeaway: A successful NIE request is not about how much the applicant needs a visa. It is about demonstrating why granting that visa serves the national interest of the United States.

Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

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