The recent reinstatement of Title 42 by the U.S. Centers for Disease Control and Prevention (CDC) marks a significant development in travel restrictions related to public health emergencies. Title 42 allows the U.S. government to prohibit entry of certain noncitizens who have been physically present in specified countries within a 21-day window, based on public health grounds. This time, the restriction targets travelers from the Democratic Republic of the Congo, Uganda, and South Sudan due to the Ebola outbreak.
Prior to this reinstatement, Title 42 had been largely suspended, allowing smoother cross-border travel for most visa holders, including business executives and investors relying on L-1, EB-1C, EB-5, and other visa categories. The new order, effective for at least 30 days starting May 18, 2026, bars entry for noncitizens who visited these countries in the previous 21 days regardless of visa status. This is a notable change from the prior situation where routine visa and immigration screening under INA §§ 212(a) and (f) prevailed without additional public health exclusion.
From our practical experience with Chinese corporate clients, this reinstatement means that executives applying for L-1 intracompany transfer visas or EB-1C multinational executive green cards should carefully review their recent travel history. For example, a client we recently assisted with an L-1B petition had traveled through Uganda two weeks before his US visa interview. Under the new Title 42 restrictions, he would face denial of entry even if his visa was approved. We advised him to postpone travel and reschedule the visa appointment after the 21-day window to avoid unnecessary delays and expenses.
Secondly, EB-5 investors, who often travel internationally as part of their investment and business management activities, must verify the absence of travel to the restricted countries within the last three weeks before entering the U.S. Failure to do so risks being turned away at the port of entry, potentially disrupting their investment timelines and adjustment of status processes. According to 8 CFR § 212.5, the CDC’s authority to impose such restrictions supersedes normal visa issuance procedures in cases of public health emergencies, making compliance critical.
While this restriction primarily affects physical entry, it does not alter the underlying visa petition approval process with USCIS. L-1 and EB-1C petitions can continue to be filed and adjudicated as usual, but clients must factor in this travel limitation in their logistical planning. From a strategic standpoint, companies may consider remote work arrangements or delay U.S. assignments for affected executives during the restriction period.
What this means for you: Review your recent travel records immediately. If you or your key personnel have visited the Democratic Republic of the Congo, Uganda, or South Sudan in the past 21 days, postpone U.S. travel and visa appointments until after the exclusion period. Coordinate with your immigration counsel to adjust timelines and minimize disruption to your business plans.
Data Sources
[1] U.S. Department of State, travel.state.gov [2] USCIS, uscis.gov [3] CDC, cdc.gov [4] 8 CFR § 212.5 [5] INA §§ 212(a), 212(f)