Employment Green Card From a Travel-Ban Country: Adjustment vs Consular Processing Under Proclamation 10998

If your passport is on the 39-country list, the consulate route to an employment green card is effectively shut, but adjustment inside the US is a separate question.

Part of our guide to H-1B visa stamping.

If you are a national of one of the 39 countries in Proclamation 10998, the travel ban changes where you can finish an employment-based green card more than whether you can pursue one. As of November 1, 2026, the proclamation is in effect and suspends immigrant visas at consulates for every listed nationality, with no employment-based exception. It restricts entry, not adjustment of status. For the travel ban green card question in employment-based cases, that means the proclamation's text does not bar a Form I-485 filed inside the US, and the USCIS hold memos that stalled those cases are blocked by two federal courts. International travel while your case is pending is where the real risk sits.

Status line (as of 2026-11-01). In effect: Proclamation 10998 (since 2026-01-01; no amendment published through 11-02); USCIS memo PM-602-0199 on adjustment as discretion and the public charge final rule (both also challenged); Matter of Delcarmen-Lara (BIA, 2026-08-13). Blocked: USCIS hold memos PM-602-0192 and PM-602-0194 (vacated 2026-06-05; class injunction 2026-08-24); the 75-country immigrant-visa pause (vacated 2026-08-21, on appeal). Computed, not announced: the proclamation requires a review report every 180 days; by our arithmetic the next falls around mid-December 2026, and nothing has been announced.

Does the travel ban stop an employment-based green card?

Not by its own terms. Proclamation 10998 suspends entry and visa issuance for nationals of 39 countries and never mentions adjustment of status or Form I-485. Its text does not bar an employment-based I-485 filed inside the US, but it does suspend immigrant visas at consulates for every listed nationality, with no employment-based exception.

Two clauses protect people already here. Section 6(a) says the suspensions apply only to nationals who "are outside the United States on the applicable effective date" and "do not have a valid visa" on that date. Section 8(c) adds that no visa issued before the applicable effective date "shall be revoked pursuant to this proclamation." Both are in the proclamation as published in the Federal Register on 2025-12-19; recheck the State Department's announcement of the suspension before any decision.

Two cautions. University offices read section 6(a) as protecting people while they stay; do not read it as a promise that a consulate will issue you a new visa after you leave. And "applicable" matters: sections 2 and 3 continue the restrictions on 16 countries "as set forth in Proclamation 10949" (the original 12 full-list countries plus Burundi, Cuba, Togo and Venezuela), which date from June 2025, so ask your attorney which date governs your visa.

Which countries are covered, and what does each tier block?

Proclamation 10998 by tier, as of 2026-11

The partial-list text is the same for each country except Turkmenistan. For Nigeria: "The entry into the United States of nationals of Nigeria as immigrants, and as nonimmigrants on B-1, B-2, B-1/B-2, F, M, and J visas, is hereby suspended." "As immigrants" includes EB-1, EB-2 and EB-3 immigrant visas.

The section 6(b) exceptions are short: lawful permanent residents; dual nationals traveling on a passport from a country not on the list; A, C-2, C-3, G and NATO visas; athletes and teams at major sporting events; Special Immigrant Visas for US government employees; and immigrant visas for persecuted minorities in Iran. Sections 6(d) to 6(f) allow case-by-case national-interest exceptions. Nothing exempts employment-based immigrants, H-1B workers or anyone with an approved I-140.

How the ban affects each stage of an employment green card

Travel ban impact by stage, as of 2026-11

If your employer's filing pointed to a consulate, our guide to consular processing vs adjustment of status for an employment green card explains trade-offs that shift once your nationality is listed.

Does the travel ban stop adjustment of status?

The proclamation does not, and the USCIS memos that held these cases are blocked. Your I-485 still faces every ordinary requirement, plus a discretion memo and a public charge rule that are in effect and challenged.

What happened to the USCIS holds?

On 2025-12-02 (PM-602-0192) and 2026-01-01 (PM-602-0194), USCIS ordered a hold on "all pending benefit applications" for people born in or citizens of the listed countries. In Dorcas International Institute of Rhode Island v. USCIS (D.R.I.), a 2026-06-05 order vacated both memos (USCIS alert). In Red Eagle Law v. Edlow (N.D. Cal. No. 26-cv-04850-CRB), a 2026-08-24 order certified a class of listed nationals with held applications, enjoined both memos and ordered USCIS to adjudicate "in the normal course" (second alert). That case is not Red Eagle Law v. Rubio, the diversity-lottery case.

The PM-602-0194 PDF now carries the banner "This memorandum is no longer in effect due to court orders," and USCIS says it "strongly disagrees with the Court's order but will follow its terms pending possible further judicial review." So the holds are blocked, not gone for good, and with no USCIS data on how these cases have moved since, the orders say nothing about your timeline.

What the discretion memo adds

PM-602-0199 (2026-05-21, in effect, challenged) calls adjustment "a matter of discretion and administrative grace" and says lawful status in a dual-intent category (H-1B is one) "is not sufficient, on its own." It names no country or visa class; its guidance opens "Where consular processing is available to an alien based on the immigrant category." By our reading, that ties availability to the category, not to nationality, and the memo does not say how officers weigh a case where a travel ban closes the consulate; ask your attorney, and assume neither answer. See our explainer on the AAUP v. Mullin challenge to the discretion memo.

Public charge applies to employment-based adjustment

USCIS's 2026-08-18 public charge guidance lists employment-based categories (priority workers, advanced-degree professionals, skilled workers, professionals and other workers) among those subject to the public charge ground, for I-485s postmarked or submitted on or after 2026-09-18. The rule is in effect and challenged in State of New York v. DHS (no preliminary injunction; states' summary-judgment motion due 2026-12-11). Our older overview of the public charge rule for visa holders describes the rescinded 2022 rule and calls employment-based adjustment exempt; that is out of date, so go by the USCIS alert's current list.

Which Visa Bulletin chart applies in November 2026?

The ban runs on nationality; your queue runs on country of birth. None of the 39 has its own Visa Bulletin column, so people born in one are charged to the rest-of-world column.

November 2026 Visa Bulletin, rest of world, as of 2026-11

USCIS says November I-485s "must use the Dates for Filing chart" (filing charts page). Consular cases use Final Action Dates, and any December figure is a forecast.

Can I get an immigrant visa at a consulate if my country is on the list?

Generally not. Both tiers suspend entry "as immigrants." The only openings in the text are the section 6(b) exceptions (for most workers, the relevant one is holding a second nationality from an unlisted country and traveling on that passport) and a case-by-case national-interest exception, for which the proclamation sets no public criteria.

An immigrant visa issued before the applicable effective date was not revoked under section 8(c). If your case is waiting at the National Visa Center, ask your attorney before letting documents or fees lapse; the right step depends on whether adjustment is open to you.

Is the 75-country immigrant visa pause still in effect?

No. A separate State Department policy that paused immigrant-visa processing for nationals of 75 countries was vacated on 2026-08-21 in CLINIC v. Rubio (S.D.N.Y.), and State says it "is no longer in effect." The government's appeal is pending at the Second Circuit (No. 26-2573), and the district court denied a stay on 2026-09-25. According to one law firm's case summary and other reports, a single Second Circuit judge entered a partial administrative stay on 2026-10-19 that covers only the remand of individual refusals, not the vacatur itself, and a panel will decide the rest.

Some firm pages still call the pause active; they are out of date. Either way, its end does nothing for the 39 travel-ban nationalities, whose immigrant visas Proclamation 10998 suspends on its own.

Can my family abroad join me after I get a green card?

Not through an ordinary immigrant visa if they are nationals of a listed country traveling on that passport. The lawful permanent resident exception covers the person who holds the green card, not a spouse or child abroad.

The proclamation is explicit: "immigrant visas for family members of individuals in the United States will no longer be a broad categorical exception." A derivative following to join (the principal usually files Form I-824 to notify the consulate) needs an immigrant visa, which is suspended for listed nationals. Three facts change that: a relative who is not a national of a listed country, or a dual national traveling on an unlisted country's passport, is outside the ban; a relative already in the US, for example on H-4, can file a derivative I-485; and a national-interest exception remains possible.

One more distinction is in the text itself. For partial-list nationals, the proclamation suspends only immigrant visas and B, F, M and J visas, and tells consular officers to reduce the validity of "any other nonimmigrant visa," so H-4 is not a suspended class for them. For full-list nationals, H-4 is suspended like every other class. Whether a nonimmigrant route makes sense for your family before or after your own approval is a question for an immigration attorney, not this page.

Should I avoid travel while my I-485 is pending?

Treat every trip as an attorney decision; the ban sits on top of the ordinary I-485 travel rules.

Leaving on advance parole

USCIS's I-131 page now says "departing the United States after obtaining an Advance Parole Document is a departure for purposes of inadmissibility," after Matter of Delcarmen-Lara (BIA, 2026-08-13). That matters most if you ever accrued more than 180 days of unlawful presence. The proclamation does not mention parole at all, and we found no CBP or USCIS guidance on returning parolees from listed countries (our reading). The $1,050 parole fee is charged only if USCIS recommends approval, and exception (7) in the G-1055 fee schedule covers a lawful adjustment applicant "returning to the United States after temporary travel abroad" (who is exempt). USCIS's tool showed 26.5 months for advance parole on 2026-11-01; check the live processing times.

Leaving on an H-1B or L-1 visa

Under 8 CFR 245.2(a)(4)(ii)(C), an H-1B or L-1 worker who remains eligible for that status, returns to the same employer and holds a valid H or L visa does not abandon a pending I-485 by traveling (H-4 and L-2 dependents get the same treatment while the principal keeps status). What the ban changes depends on your tier:

• Full list. H-1B entry is suspended, so a trip rests on the section 6(a) valid-visa scope. Washington University's international office says "it is unclear how U.S. Customs and Border Protection may or may not enforce this exception" (WashU OISS), and a new stamp abroad is suspended.
• Partial list. H-1B is not a suspended class, so the proclamation does not bar entry on a valid H-1B visa (ordinary CBP inspection still applies); a new stamp would be issued with reduced validity "to the extent permitted by law." See H-1B visa stamping risks by nationality and heightened consular scrutiny in 2026 for the interview side.

If you are on F-1 STEM OPT

F-1 is not a dual-intent status, so the exception PM-602-0199 acknowledges for dual-intent categories does not reach it (our reading); the H and L travel rule does not cover you; and a new F-1 visa is suspended for every listed nationality except Turkmenistan. Talk to your DSO about SEVIS and travel signatures, and to an immigration attorney about the I-485.

A worked timeline: one H-1B worker, November 2026

A hypothetical H-1B engineer, a Nigerian national born in Nigeria, holds an H-1B visa issued in 2024 and valid to 2027-03-31; her spouse lives in Lagos.

Nigeria is on the partial list, so her H-1B visa is in a class the proclamation does not suspend; a December trip would turn on the 8 CFR 245.2 conditions and ordinary inspection, and a new stamp would carry reduced validity. A full-list national would be relying on section 6(a) instead. Her spouse cannot get a following-to-join immigrant visa unless an exception applies. Sequencing is a question for her employer's attorney.

What to do next

1. Download your most recent I-94 from the CBP I-94 website and confirm your class of admission and end date.
2. Find your category and priority date on your I-140 approval notice (Form I-797) and compare them with the chart USCIS names for the month.
3. Ask your employer's immigration attorney whether your file points to adjustment or consular processing, and what that means for each family member.
4. Check the USCIS I-485 page for the current edition (09/18/26) and required initial evidence. USCIS says a mailed I-485 sent without Form I-693 may be rejected, and under PA-2026-05 (in effect, challenged) officers may deny without an RFE when required initial evidence is missing.
5. Recheck the USCIS hold-policy alerts, the State Department's Proclamation 10998 page and the Visa Bulletin each month; an appeal, the December bulletin or the 180-day review could change things.
6. Talk to your DSO (on F-1 or STEM OPT) about SEVIS, and to an immigration attorney before booking any international trip.

Common mistakes

• "The travel ban means I can't get a green card." It suspends entry and visas; the proclamation does not address adjustment, and the USCIS holds are blocked as of 2026-11-01.
• Reading the 75-country vacatur as reopening consulates. Proclamation 10998 still suspends immigrant visas for the 39 nationalities.
• Mixing up nationality and birth. The ban runs on nationality, the Visa Bulletin on country of birth; the vacated hold memos used both.
• Budgeting $1,050 for advance parole automatically. It is charged only on approval, and exception (7) covers lawful adjustment applicants returning from temporary travel.
• Assuming a valid visa settles the trip. WashU calls CBP enforcement of the section 6(a) valid-visa scope unclear, and a new visa abroad is a separate question.
• Leaving on advance parole without legal review. Delcarmen-Lara changed what a parole departure means.

Frequently asked questions

Does the travel ban stop adjustment of status?

Not by its own terms. Proclamation 10998, in effect since January 1, 2026, suspends entry and visa issuance for nationals of 39 countries and does not mention adjustment of status. The USCIS memos that put pending applications from those countries on hold (PM-602-0192 and PM-602-0194) were vacated by a federal court on June 5, 2026 and enjoined for a class on August 24, 2026, and USCIS says it is following those orders pending possible further review.

Can I get an immigrant visa at a consulate if my country is on the list?

Generally not. As of November 1, 2026, Proclamation 10998 suspends entry as immigrants for nationals of all 19 fully restricted and all 20 partially restricted countries, and it has no employment-based exception. Its listed exceptions include lawful permanent residents and dual nationals traveling on a passport from a country not on the list, and officials may grant case-by-case national-interest exceptions.

Is the 75-country immigrant visa pause still in effect?

No. A federal court in New York vacated it on August 21, 2026 in CLINIC v. Rubio, and the State Department says it is no longer in effect, although the government has appealed to the Second Circuit (No. 26-2573) and, according to case reports, a partial administrative stay entered October 19 covers only the remand of individual refusals. Its end does not lift Proclamation 10998, which separately suspends immigrant visas for nationals of the 39 listed countries.

Can my family abroad join me after I get a green card?

Not through an ordinary immigrant visa if they are nationals of a listed country traveling on that passport. The lawful permanent resident exception in Proclamation 10998 covers you, not your spouse or children, and the proclamation says immigrant visas for family members will no longer be a broad categorical exception. A relative who is not a national of a listed country, a dual national traveling on an unlisted country's passport, or one granted a case-by-case national-interest exception is in a different position, so ask an immigration attorney.

Should I avoid travel while my I-485 is pending?

Get an immigration attorney's view before booking anything. Since Matter of Delcarmen-Lara (BIA, August 13, 2026), leaving on advance parole counts as a departure for the unlawful-presence bar, and the proclamation does not say how it treats a returning parolee from a listed country. As of November 1, 2026, new visas are suspended for full-list nationals apart from narrow exceptions, and partial-list nationals face reduced validity on visas such as H-1B.

Sources

• Proclamation 10998, Federal Register text (govinfo PDF), and the State Department's suspension announcement
• USCIS alerts: Court Order on Hold Policies (2026-06-12) and Recent Court Order on Hold Policies (2026-08-28)
• USCIS PM-602-0194 and PM-602-0199
• USCIS public charge guidance alert (2026-08-18) and the State of New York v. DHS docket
• USCIS Form I-131 page, Form I-485 page, fee schedule G-1055 (PDF), adjustment filing charts and processing times
• 8 CFR 245.2 (Cornell LII) and Washington University's travel restrictions page
• AAUP v. Mullin summary from BAL; CLINIC v. Rubio summary from Maki Law Firm

How we checked this: we read the proclamation's Federal Register text, the two USCIS hold-policy alerts, the PM-602-0194 and PM-602-0199 PDFs, the G-1055 PDF, and the USCIS I-131, I-485, filing-chart and public charge pages between 2026-11-01 and 2026-11-02. The travel.state.gov pages block automated reads, so the November 2026 Visa Bulletin values come from published law-firm summaries that agree with one another; open the State Department links yourself. Rules here can change with a single court order or proclamation, so recheck the linked pages.

This is general information, not legal or tax advice; your own I-797, I-94 and visa govern, and your immigration attorney (or your DSO, for F-1 and STEM OPT questions) should weigh your facts before you file or travel.

If you are building an H-1B or STEM OPT career while a green card case runs, F1Jobs helps international candidates focus their search on employers that sponsor.