The proclamation remains in effect until terminated by the president.

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.

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Duane Morris has created a COVID-19 Strategy Team to help employers plan, respond to and address this fast-moving situation. Contact your Duane Morris attorney for more information. Prior Alerts on the topic are available on the team’s webpage.

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