The entry of nonimmigrants who were physically present in India during the 14-day period preceding their attempted entry will be suspended beginning 12:01 a.m. EDT on May 4, 2021, according to President Joe Biden’s April 30 proclamation on risk of transmitting COVID-19. Anyone on a flight that departed for the United States prior to that time is not subject to the proclamation.
The United States has adopted 14-day entry-suspension proclamations for many countries (each slightly different) due to the COVID-19 pandemic. Like the others, the India restriction:
- Will remain in effect until terminated by the president (the situation will be reviewed in 30-day intervals); and
- U.S. citizens and Legal Permanent Residents;
- Spouses, parents, and legal guardians, siblings, and children of U.S. citizens and legal permanent residents;
- Members of the U.S. Armed Forces and their spouses and children;
- Individuals on diplomatic visas or travelling under the United Nations Headquarters Agreement;
- Individuals entering to further important U.S. law enforcement objectives or whose entry would be in the national interest.
One difference from similar proclamations issued by the previous administration is that this one refers to the affected nonimmigrants as “noncitizens,” rather than “aliens,” and adds “noncitizen nationals” (individuals with ties to American Samoa including Swain’s Island) to the list of those exempted.
Please reach out to your Jackson Lewis attorney for assistance regarding eligibility for exemptions or strategies to employ for individuals who are subject to any of the 14-day restrictions by virtue of residing in China, Iran, the United Kingdom, Ireland, the 26 Schengen Zone countries, Brazil, South Africa, and, now, India.