On Friday, April 30, 2021, President Biden issued a proclamation restricting travel by most nonimmigrants from India starting on May 4, with the White House citing a devastating rise in COVID-19 cases in the country and the emergence of potentially dangerous variants of the coronavirus. Later the same day, the Department of State included India in its National Interest Exception (NIE) policies.
The proclamation restricts “the entry into the United States, as nonimmigrants, of noncitizens of the United States (“noncitizens”) who were physically present within the Republic of India during the 14‑day period preceding their entry or attempted entry into the United States.” Note that whereas prior proclamations covering travel from China, Iran, Brazil, South Africa, Schengen Area, United Kingdom, and Ireland restrict entry by both “immigrants or nonimmigrants,” the April 30, 2021 proclamation covering travel from India restricts only entry by “nonimmigrants.”
The geographic COVID-19 travel restriction proclamations do not apply to U.S. citizens or nationals, or certain classes of noncitizens, such as Lawful Permanent Residents, certain family members of U.S. citizens or Lawful Permanent Residents, and other limited classes.
It may be possible for an individual otherwise covered by one of the geographic COVID-19 travel restriction proclamations to receive a national interest exception (NIE) to allow travel to the United States. The Department of State updated its guidance on NIE eligibility on April 26 and 30.
Contact your attorney at Goldblum & Pollins with questions about your case and the impact of the new proclamation.