Overview
With daily news reports of India’s current COVID crisis worsening, President Biden issued a Presidential Proclamation, effective May 4, 2021, suspending entry to the United States from India for individuals in temporary immigration statuses who have been present in India within the prior 14-day period. The travel restriction does not apply to US citizens or permanent residents or certain relatives of citizens and permanent residents. The Proclamation will remain in effect indefinitely, ending only upon termination by the president.
Economic Travel Suspensions End; Geographic Travel Suspensions Expand
With the change in presidential administrations, travel suspensions which created bars to entry to the United States for many immigration categories that were justified on the basis of economic protection have either been revoked or allowed to expire. (Details of these developments are set out in our February 25, 2021 and April 5, 2021 posts, Biden Administration Revokes Order Suspending Entry into the United States by New Green Card Holders | International Compliance Blog (steptoeinternationalcomplianceblog.com) and Entry Suspension on Temporary Work Visa Categories Ended | International Compliance Blog (steptoeinternationalcomplianceblog.com).) Conversely, health related travel suspensions which limit entry to the United States from designated countries or regions have expanded, with India being the latest addition.
Entry from India Restricted in Temporary Immigration Categories
President Biden issued the most recent Presidential Proclamation suspending travel on April 30, 2021. Entitled “A Proclamation on the Suspension of Entry as Nonimmigrants Who Pose a Risk of Transmitting Coronavirus Disease 2019,” the Proclamation prohibits entry into the United States by certain foreign nationals who were physically present in India within the preceding 14 days of their attempted US entry. It became effective on May 4, 2021 and will remain in effect until it is terminated by the president based upon recommendations from the Department of Health and Human Services.
The Proclamation applies to many foreign nationals seeking to enter the United States in a temporary immigration status. Its scope includes common employment-based non-immigrant (temporary) categories, such as H-1B, L-1A/B, and O-1. It also includes the B-1/B-2 visitor category. There are, however, important blanket National Interest Exceptions (NIE) for certain F-1 and M-1 students and J-1 exchange visitors, explained, below.
Suspension Does Not Apply to US Citizens, Permanent Residents and Certain of Their Relatives
The India travel suspension only applies to temporary, non-immigrant, immigration categories. It does not apply to travel by:
- US Citizens
- Lawful permanent residents of the United States
- Spouses and minor children of US citizens or US lawful permanent residents
- Siblings of US citizens or US lawful permanent residents, if both are single and under 21
- Parents of US citizens or US lawful permanent residents who are single and under 21
- Fiancé(e)s of US citizens in the K-1 category.