New US Travel Restrictions to Significantly Limit Travel from India Beginning May 4

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President Joseph Biden has issued a presidential proclamation prohibiting the entry of foreign nationals who have been physically present in India within 14 days of their travel to the United States. These new travel restrictions were prompted by the surging number of COVID cases in India.

The travel restrictions impacting India will take effect at 12:01 am EDT on May 4, 2021 and will remain in place until terminated by the President. These travel restrictions mimic the regional COVID travel bans currently in place for Brazil, China, Iran, Ireland, countries in the European Schengen Area, South Africa, and the United Kingdom.

Certain travelers are exempted from the India travel restrictions, including:

  • U.S. citizens and nationals;

  • U.S. lawful permanent residents;

  • Spouses of U.S. citizens and lawful permanent residents;

  • 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;

  • A foreign national who is the sibling of a U.S. citizen or lawful permanent resident, provided they are both under 21;

  • 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 United States on an IR-4 or IH-4 visa;

  • A foreign national traveling at the invitation of the U.S. government for a purpose related to containment or mitigation of the COVID-19 virus;

  • A foreign air or sea crewmember;

  • Certain A, C, E-1 (TECRO or TECO employees), G, and NATO nonimmigrants or whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement;

  • A foreign national whose entry would further important U.S. law enforcement objectives;

  • A foreign national whose entry would be in the national interest; and

  • Members of the U.S. armed forces and their spouses and children.

Although the travel restrictions do not apply to these individuals, all individuals travelling to the US must continue to provide documentation of a negative COVID-19 test within three days of travel or proof of recovery from a recent COVID-19 infection, consistent with current CDC guidelines.

National Interest Exceptions (NIE)

As is the case with existing regional COVID travel bans, individuals whose travel is otherwise prohibited under the India travel restrictions may request an NIE from a US Consulate to permit travel to the US despite the ban. We expect that specific guidance will be issued soon regarding the NIE criteria that will be applied by US Consulates in India.

Since US consular operations in India remain significantly limited due to the COVID pandemic, individuals requesting an NIE will likely have difficulty obtaining appointments unless they can prove that emergency circumstances exist.

Questions?

Ellis Porter will continue to monitor all India travel restriction developments very closely.

If you have any questions about current travel restrictions, please do not hesitate to contact a member of your Ellis Porter service team.