Presidential Proclamation 10998, signed December 16, 2025, imposed a partial entry suspension on Nigerian nationals effective January 1, 2026. The reaction across the Nigerian professional community was immediate — and largely based on incomplete information.
This article clarifies what the proclamation actually does, what it does not do, and how qualified Nigerian professionals should position themselves in response.
What Proclamation 10998 does
The proclamation imposes a partial entry suspension on nationals of several countries, including Nigeria. It restricts the issuance of certain immigrant and non-immigrant visas to Nigerian nationals at U.S. consular posts. This is an entry restriction — it affects your ability to enter the United States, not your ability to file immigration petitions.
What it does not do
The proclamation does not prevent Nigerian nationals from filing I-140 petitions with USCIS. It does not affect the receipt, docketing, or substantive processing of pending petitions. It does not invalidate approved petitions. And critically, it does not apply uniformly — Section 6 of the proclamation explicitly preserves case-by-case waivers for individuals whose entry serves U.S. national interests.
This last point is the most important and the most misunderstood. The proclamation is not a blanket ban. It is a restriction with a built-in exception — and the I-140 approval is the most direct evidence available for qualifying for that exception.
The national interest exception
Section 6 of Proclamation 10998 allows case-by-case waivers where the entry of the individual would serve the U.S. national interest. For professionals with an approved EB-1A or NIW petition, the case for the national interest exception is straightforward: USCIS has already determined, through the I-140 adjudication process, that the petitioner's work serves a national interest or that the petitioner possesses extraordinary ability that benefits the United States.
An approved I-140 is not a guarantee of a waiver. But it is the strongest single piece of evidence a Nigerian national can hold when applying for the exception at the consular interview stage. It is a finding by a U.S. government agency that the individual's presence in the United States serves the national interest — exactly the standard the proclamation requires for a waiver.
The USCIS processing hold
Separately from the proclamation, USCIS Policy Memorandum PM-602-0194 placed a hold on final adjudication of benefit requests for nationals of travel restriction countries. This means that while petitions continue to be processed — received, docketed, reviewed, and RFEs issued — final approval decisions are temporarily paused.
This hold is subject to active legal challenge in federal court. Several lawsuits are proceeding, and the hold may be modified or lifted as litigation progresses. The priority date, however, is established on the day USCIS receives the I-140 — not on the date of final approval. Filing now secures the queue position regardless of the hold's duration.
The strategic position for Nigerian professionals
The correct response to Proclamation 10998 is not to wait. It is to file now, secure the I-140 approval (or position the petition for approval when the hold lifts), establish the priority date, and hold a confirmed national interest finding for when the restriction is lifted or case-by-case waivers are formally applied.
Every month of delay is a month added to the back of the queue. The priority date functions as a queue position — establishing it earlier means reaching the front earlier, regardless of subsequent regulatory or policy changes. Nigerian professionals who file now will be ahead of those who wait for clarity that may not come for months or years.
What Burlington Consult advises
Burlington Consult has worked extensively with Nigerian professionals navigating the intersection of Proclamation 10998 and the EB-1A/NIW filing process. The firm's lead adviser is himself a Nigerian national and self-petitioned EB-1A holder — with direct, personal understanding of the regulatory environment these professionals face.
The firm advises all qualified Nigerian nationals to file now. The I-140 petition and the entry restriction are separate legal instruments. An approved petition is the strongest available evidence for the national interest exception. And the priority date — once established — does not expire.