President Biden Revokes Southern Africa Travel Ban Effective December 31

President Joe Biden issued a presidential proclamation Tuesday revoking a November proclamation that enacted travel restrictions on eight southern African nations, including South Africa, as the Omicron variant began to spread.

The proclamation repeals the ban as of 12:01 a.m. ET on December 31.

"The travel restrictions imposed by that proclamation are no longer necessary to protect the public health," Biden said in the new proclamation.

Tuesday's proclamation noted that scientists have determined that people vaccinated against Covid-19 "are protected against severe disease and hospitalization from the Omicron variant." It also said that the variant is now in over 100 countries and is "prevalent" in the US, where cases have been rising for weeks.

New Proclamation Suspends Travel for Immigrants and Nonimmigrants from Seven African Countries

On November 26, 2021, just 18 days after prior COVID-related travel bans were lifted, the White House issued a Proclamation barring travel from the Republic of Botswana, the Kingdom of Eswatini, the Kingdom of Lesotho, the Republic of Malawi, the Republic of Mozambique, the Republic of Namibia, the Republic of South Africa, and the Republic of Zimbabwe, in response to a new variant of COVID-19 referred to as B.1.1.529 or the Omicron variant.

The Proclamation suspends entry into the United States, as immigrants or nonimmigrants, of noncitizens who were physically present within the Republic of Botswana, the Kingdom of Eswatini, the Kingdom of Lesotho, the Republic of Malawi, the Republic of Mozambique, the Republic of Namibia, the Republic of South Africa, and the Republic of Zimbabwe during the 14-day period preceding their entry or attempted entry into the United States. This proclamation is effective at 12:01 a.m. ET on Monday, November 29, 2021. This proclamation does not apply to persons aboard a flight scheduled to arrive in the United States that departed prior to 12:01 a.m. ET on November 29, 2021. The proclamation applies even to travelers that are fully vaccinated against COVID-19.

The proclamation contains numerous exceptions, and does not apply to:

• Lawful Permanent Residents (green card holders);

• Nationals of the United States;

• Noncitizens who are the spouse of a U.S. citizen or LPR;

• Noncitizens who are the the parent or legal guardian or sibling of a U.S. citizen or LPR child;

• Noncitizens who are the child, foster child, or ward of a U.S. citizen or LPR, or a prospective adoptee seeking entry under the IR-4 or IH-4 classifications;

• Noncitizens traveling at the invitation of the United States Government for a purpose related to containment or mitigation of the virus;

• Noncitizens seeking entry pursuant to a C-1, D, or C-1/D nonimmigrant visa, or 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;

• Noncitizen members of the U.S. Armed Forces or who is a spouse or child of a member of the U.S. Armed Forces;

• Noncitizens whose entry is authorized by he Secretary of State, the Secretary of Homeland Security, or their respective designees.

U.S. to Open Air Travel to Most Vaccinated Foreign Passengers

The United States plans to ease travel restrictions on all fully vaccinated foreign visitors starting in November, the White House said Monday, relaxing a patchwork of regional COVID-19 travel bans.

The new rules will require all foreign nationals arriving in the United States to show proof of being fully vaccinated, the White House Covid-19 response coordinator Jeff Zients said. He said the new rules would take effect in early November, a timeline that will give agencies and airlines "time to prepare." Zients said the White House would defer to the CDC on the definition of "fully vaccinated," including on which vaccines qualify. The Financial Times was first to report the news.

The lifting of blanket restrictions on travel to the United States from certain countries will come as welcome news to thousands of foreign nationals with families and employment in the United States who have had travel plans stymied almost the entire pandemic.

Fully vaccinated foreign nationals and American citizens returning to the United States from abroad will be required to take a pre-departure Covid-19 test within three days of their flight, and show proof of a negative result before boarding. Unvaccinated Americans returning to the US will be "subject to stricter testing requirements," Zients said, including a test within one day of departure and an additional test when they return.

Fully vaccinated passengers will not be subject to any quarantine mandates upon arrival in the US.

The US Centers for Disease Control and Prevention plans to issue a contact tracing order requiring airlines to collect information from US-bound travelers, including a phone number and email address, to alert travelers of potential exposure. Airlines will be required to keep contact tracing information for 30 days.

If you have concerns about travel to the U.S. from abroad, please contact us.

President Biden reinstates COVID-related entry bans on UK, Ireland, Schengen Area, and Brazil; Expands ban to South Africa (updated Jan. 27, 2021)

Today, President Biden issued a Proclamation to restrict and suspend the entry into the United States, as immigrants or nonimmigrants, of noncitizens of the United States (“noncitizens”) who were physically present within the Schengen Area, the United Kingdom (excluding overseas territories outside of Europe), the Republic of Ireland, the Federative Republic of Brazil, and the Republic of South Africa during the 14-day period preceding their entry or attempted entry into the United States. The Proclamation goes into effect at 12:01 AM EST on Tuesday, January 26, 2021, and the restrictions on travel from South Africa go into effect at 12:01 AM EST on Saturday, January 30, 2021.

The Proclamation reimposes COVID-related bars for those traveling from the UK, Ireland, Schengen Area and Brazil that were set to expire tomorrow under a proclamation by former President Trump, and extends the ban to those traveling from South Africa. The bars are tied to the ongoing transmission of three variants of COVID-19 originating in the UK, Brazil, and South Africa which may lead to increased spread of the disease or reinfection.

The Proclamation does not apply to:

1. any lawful permanent resident of the United States;

2. any noncitizen national of the United States;

3. any noncitizen who is the spouse of a U.S. citizen or lawful permanent resident;

4. any noncitizen who is the parent or legal guardian of a U.S. citizen or lawful permanent resident, provided that the U.S. citizen or lawful permanent resident is unmarried and under the age of 21;

5. any noncitizen who is the sibling of a U.S. citizen or lawful permanent resident, provided that both are unmarried and under the age of 21;

6. any noncitizen 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 United States pursuant to the IR-4 or IH-4 visa classifications;

7. any noncitizen traveling at the invitation of the United States Government for a purpose related to containment or mitigation of the virus;

8. any noncitizen traveling as a nonimmigrant pursuant to a C-1, D, or C-1/D nonimmigrant visa as a crewmember or any noncitizen otherwise traveling to the United States as air or sea crew;

9. any noncitizen seeking entry into or transiting the United States pursuant to one of the following visas: 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), or whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement;

10. any noncitizen who is a member of the U.S. Armed Forces and any noncitizen who is a spouse or child of a member of the U.S. Armed Forces;

11. any noncitizen whose entry would further important United States law enforcement objectives, or whose entry would be in the national interest.

We have received confirmation from Department of State that the "National Interest Exceptions for Certain Travelers from the Schengen Area, United Kingdom, and Ireland” remain in place and will continue.