Despite a more favorable Immigration climate under the new administration, President Biden has issued a proclamation that will restrict most travel from India to the US. This proclamation is effective 12.01 am May 4, 2021.
In the proclamation, it is stated that India accounts for over one-third of new global COVID-19 cases and the number of new cases is accelerating at a rapid rate. Additionally, there is a new strain of the virus known as B.1.617, which is spreading in India along with other variants from the UK and South Africa. In view of the current situation, the Centers for Disease Control and Prevention (CDC) have concluded that restrictive measures are necessary to protect the US.
As a result, the President is restricting the travel of nonimmigrants who were physically present in India for 14 days preceding their entry, except for the following individuals:
- Lawful Permanent Residents (LPRs);
- Any noncitizen national of the U.S.;
- Any noncitizen who is the spouse of a U.S. Citizen (USC) or LPR;
- Any noncitizen who is the parent or legal guardian of a USC or LPR provided the USC or LPR is unmarried and under the age of 21;
- Any noncitizen who is the sibling of a USC or LPR provided both are unmarried and under 21;
- Any noncitizen who is the child, foster child or ward of a USC or LPR or who is the prospective adoptee seeking to enter pursuant to the IR-4 or IH-4;
- Any noncitizen who is traveling as a nonimmigrant on a C-1, D or C-1/D visa as a crewmember or any noncitizen traveling to the US as air or sea crew;
- Any noncitizen who is (A) seeking entry into or transiting the United States pursuant to an A-1, A-2, C-2, C-3 visa (as a foreign government official or immediate family member of an official), E-1 (as an employee of TECRO or TECO or the employee’s immediate family members), G-1, G-2, G-3, G-4, NATO-1 through NATO-4, or NATO-6 (or seeking to enter as a nonimmigrant in one of those NATO categories);
- Any noncitizen whose travel falls within the scope of section 11 of the U.S. Nations Headquarters Agreement;
- Any noncitizen who is a member of the U.S. Armed Forces including a spouse or child;
- Any noncitizen whose entry would further important U.S. law enforcement objectives, as determined by the Secretary of State or the Secretary of Homeland Security; and
- any noncitizen whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designees.
Although there are a number of exceptions individuals who have an H-1B, F-1, L-1 visa etc., are not permitted to travel. We realize this is devastating news, especially for those who left the US to go for visa stamping and have already been stuck outside of the U.S. due to Consular delays.
This proclamation does not have an end date and will remain in effect until terminated by the President. This means until the numbers go down travel from India will be restricted.
For further information related to the proclamation please do not hesitate to contact PLG Partner Chris Prescott at cprescott@patellegal.com.