Presidential Proclamation Suspending Travel to the U.S. from India for Certain Foreign Nationals

Monday, May 3, 2021

On Friday, April 30, 2021, President Biden issued a Presidential Proclamation suspending the entry to the U.S. in response to the rise of COVID-19 cases in the Republic of India.  Certain nonimmigrants (including but not limited to F-1 students, H-1B, L-1A, and L-1B workers) who were physically present within the Republic of India during the 14-day period preceding the attempted travel to the U.S.  are subject to this Proclamation.  This Travel Suspension is effective at 12:01 a.m. Eastern Daylight Time on Tuesday, May 4, 2021. The following groups of people are exempt from this Proclamation.

  • Citizens of the U.S.;
  • Lawful Permanent Residents (Green Card Holders) of the U.S.;
  • Foreign Nationals traveling to the U.S. on a flight that departure prior to 12:01 a.m. Eastern Daylight Time (EDT) on May 4, 2021, and land in the U.S. after 12:01 a.m. EDT;
  • Noncitizen Nationals of the U.S.;
  • Noncitizens who are a spouse of a U.S. citizen or Lawful Permanent Resident;
  • Noncitizens who are a parent or legal guardian of a U.S. citizen or lawful permanent resident child who is unmarried and under the age of 21;
  • Noncitizens who are considered 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. pursuant to U.S. immigration laws concerning adoption;
  • Noncitizens who are traveling to the U.S. at the invitation of the U.S. government;
  • Noncitizens who hold C-1 or D-1 visa as a crewmember traveling to the U.S. as a member of an air or sea crew on an aircraft or marine vessel;
  • Noncitizens who hold an A-1, A-2, C-2, C-3 (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); 
  • Noncitizens who are traveling to the U.S. pursuant to Section 11 of the United Nations Headquarters Agreement;
  • Noncitizens who are members of the U.S. Armed Forces or who is the spouse or minor child of a member of the U.S. Armed Forces;
  • Noncitizens whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee; or
  • Noncitizens whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designees.

This Presidential Proclamation shall remain in effect until terminated by the President. This Proclamation may be found at the Office of the White House website at https://www.whitehouse.gov/briefing-room/presidential-actions/2021/04/30/a-proclamation-on-the-suspension-of-entry-as-nonimmigrants-of-certain-additional-persons-who-pose-a-risk-of-transmitting-coronavirus-disease-2019/.

Reginald Pacis
313.983.6929
pacis@butzel.com

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