President Biden Adds India to the List of COVID-19 Public Health Travel Ban Countries
3 min read
Today, President Joseph Biden gave an official proclamation imposing a COVID-19 public health travel ban which prohibits the entry of foreign nationals who have been physically present in India within 14 days of their travel to the United States. India joins a list of nations effectively subject to regional COVID travel bans. Currently consisting of Brazil, China, Iran, Ireland, nations in the European Schengen Area, South Africa, and the United Kingdom. The India ban restrictions take effect at 12:01 am EDT on 4th May 2021.
Like the other bans, the India travel restrictions will remain in place until ended by the President.
Travel Ban Exceptions and Implementation
The following travelers are not subject to the ban, however, might be needed to go through screening and different measures upon arrival:
- U.S. citizens and nationals;
- Spouses of U.S. citizens and lawful permanent residents;
- A foreign national who is the parent or legal guardian of an unmarried U.S. citizen or lawful permanent resident under the age of 21;
- U.S. lawful permanent residents;
- A foreign national who is the sibling of a U.S. citizen or lawful permanent resident, provided they are both under 21;
- Certain A, C, E-1 (TECRO or TECO employees), G, and NATO nonimmigrants. Or whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement;
- A foreign national 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 on an IR-4 or IH-4 visa;
- A foreign national traveling at the invitation of the U.S. government for a purpose related to containment or mitigation of the COVID-19 virus;
- Members of the U.S. armed forces and their spouses and children;
- A foreign air or sea crewmember;
- A foreign national whose entry would further important U.S. law enforcement objectives;
- And a foreign national whose entry would be in the national interest.
COVID-19 Public Health Travel Ban
The agency periodically gives guidance on the rules and guidelines for the national interest exemption under the current regional COVID travel bans. It expected that the agency will soon issue updated guidance that addresses the national interest exemption for India. Under the current regional bans, for certain exemptions, foreign nationals with valid visas. Or ESTA registrations must still seek permission from the U.S. government to travel under the national interest exception.
If a foreign national is subject to a regional ban and doesn’t meet all requirements for a special case. The State Department will not issue a visa to that person.
What this means
Your organization should work rapidly to identify foreign employees who might be influenced by the new ban. Contact your assigned professionals to talk about available options. Which could include urgent travel back to the United States, if possible, or alternative plans outside the United States.
U.S. consular operations in India are essentially decreased because of the COVID pandemic. Those looking for a national interest exception from a U.S. consulate. Are probably going to experience issues obtaining appointments unless emergency circumstances exist.
[H-1B visa extensions will be smoother as the Trump-era memo is revoked]
As an update, regional COVID travel ban restrictions are in addition to the Centers for Disease Control and Prevention (CDC) order. That requires a negative COVID test or proof of recent COVID recovery for any international air travel to the United States. The CDC requirement affects all travelers ages two years and older. Including U.S. citizens and lawful permanent residents – seeking to enter the United States from any foreign country.
We will closely monitor the implementation of the COVID-19 travel bans, related travel restrictions. And will issue follow-up alerts as developments occur.
