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U.S. to ban entry of nonimmigrants present in India who pose covid-19 transmission risk

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Pasricha & Patel

The White House has announced that effective on 12:01 am EDT on May 4, 2021, the United States is placing a COVID-19 public health travel ban for foreign nationals who have been physically present in India within fourteen (14) days of their travel to the United States.

There are exceptions to this travel ban though. They include:

  1. U.S. citizens and nationals;
  2. U.S. lawful permanent residents (‘green card’ holders);
  3. Spouses of U.S. citizens and lawful permanent residents;
  4. 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;
  5. A foreign national who is the sibling of a U.S. citizen or lawful permanent resident, as long as they are under 21 years old.
  6. 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 U.S. on a IR-4 or IH-4 visa;
  7. A foreign national travelling at the invitation of the U.S. government for purpose of helping the COVID-19 containment or mitigation efforts;
  8. Foreign air or sea crew member;
  9. Certain A, C, E-1 (TECRO or TECO employees [Taiwan]), G, and NATO nonimmigrants or whose travel falls within United Nations agreement
  10. A foreign national whose entry would help U.S. law enforcement objectives;
  11. A foreign national whose entry would be in the national interest of the U.S.;
  12. Members of the U.S. armed forces and their spouses and children.

But note that travelers in these categories would still need to undergo requisite COVID-19 screening prior to them boarding U.S.-bound flights and in observance of relevant CDC guidelines and rules.

The travel ban for India will be in place until the President announces otherwise.

Just like in past instances, it is also possible that the U.S. Department of State may announce further guidelines about possible national interest exceptions for Indian nationals. But we will have to wait and see when those guidelines are announced.

Due to the fluidity of these travel restrictions, we do encourage readers to check back regularly with our site for the latest information.

Should you have any specific questions and you wish to discuss your case in more detail, we encourage you to contact our office to schedule formal consultation.