United States Implements New Travel Restrictions For India – Coronavirus (COVID-19)

On May 4, 2021, a new travel ban for individuals coming to the
United States from India goes into effect at 12:01 a.m. Eastern.
President Joe Biden signed “A Proclamation on the Suspension
of Entry as Nonimmigrants of Certain Additional Persons Who Pose a
Risk of Transmitting Coronavirus Disease 2019” on April 30,
2021.

This ban has been imposed based upon the recent surge in
COVID-19 cases in India as well as potentially dangerous new
variants emerging there. The proclamation does not apply to any
person aboard a flight scheduled to arrive in the United States on
May 4 that departed prior to 12:01 a.m. Eastern Daylight Time. The
key elements of the proclamation are:

• It restricts and suspends the entry into the United States, as
  nonimmigrants, of noncitizens who were physically present in India
  during the 14-day period preceding their entry or attempted entry
  into the United States;




• It does not apply to:
  

  • Any U.S. citizen or U.S. permanent resident;

  
  

  • Any noncitizen national of the United States;

  
  

  • Any noncitizen who is the spouse of a U.S. citizen or lawful
    permanent resident;

  
  

  • Any noncitizen who is the parent or legal guardian of a U.S.
    citizen or lawful permanent resident, provided that the U.S.
    citizen or lawful permanent resident is not married and is under
    the age of 21;

  
  

  • Any noncitizen who is the sibling of a U.S. citizen or lawful
    permanent resident, provided that both are unmarried and under the
    age of 21;

  
  

  • Any noncitizen who is the child, foster child or ward of a U.S.
    citizen or lawful permanent resident, or who is a prospective
    adoptee seeking to enter the United States pursuant to either the
    fourth preference immigrant or to the H-4 nonimmigrant visa
    classification;

  
  

  • Any noncitizen traveling at the invitation of the U.S.
    government or a purpose related to containment or mitigation of the
    coronavirus;

  
  

  • Any noncitizen traveling as a nonimmigrant crewmember or as air
    or sea crew holding C-1, D or C-1/D visas;

  
  

  • Any noncitizen seeking entry into or transiting the United
    States pursuant to any of the following visas:
    

    • A-1, A-2, C-2, C-3 (as a foreign government official or
      immediate family member of such official);

    
    

    • E-1 (as an employee of the Taipei Economic and Cultural
      Representative Office in the United States (TECRO) or the Taipei
      Economic and Cultural Office (TECO), or the employee’s
      immediate family members);

    
    

    • G-1, G-2, G-3, G-4, NATO 1-4 or NATO-6 (or seeking to enter as
      a nonimmigrant in one of those NATO categories); or

    
    

    • Whose travel falls within the scope of section 11 of the United
      Nations Headquarters Agreement;

  
  

  • • Any noncitizen who is a member of the U.S. Armed Forces or who
      is the spouse or child of a member of the U.S. Armed Forces;

    
    

    • Any noncitizen whose entry would further important U.S. law
      enforcement objectives, as determined by the secretaries of the
      State Department and Homeland Security or their respective
      designees, based on a recommendation of the attorney general or his
      designee; or

    
    

    • Any noncitizen whose entry would be in the national interest,
      as determined by the secretaries of the State Department and
      Homeland Security or their designees.

The proclamation remains in effect until terminated by the
president. Additionally, the Secretary of Health and Human Services
shall, as circumstances warrant and no more than 30 days from the
date of this proclamation and by the last day of each month,
recommend whether the president should continue, modify or
terminate the proclamation.

Please note that there are continuing COVID-19-related travel
bans and/or restrictions between the U.S. and Canada, the U.K.,
Schengen countries (in the European Union) and South Africa.

For More Information

If you have any questions about this Alert, please
contact any of the attorneys in our Immigration Law Group or the attorney in
the firm with whom you are regularly in contact.

Disclaimer: This Alert has been
prepared and published for informational purposes only and is not
offered, nor should be construed, as legal advice. For more
information, please see the firm’s
full disclaimer.