As an update to our previous blog, President Biden signed a Presidential Proclamation on April 30, 2021, that will be effective May 4, 2021, at 12:01 a.m. The Proclamation will prohibit the entry of nonimmigrants and noncitizens of the U.S. into the United States, who were physically present within India during the 14-day preceding entry into the United States, unless they are exempted below. This Presidential Proclamation is a result of the determinations by the Centers for Disease Control and Prevention (CDC) and the Department of Homeland Security (DHS) that India has had a surge in COVID-19 cases that is accelerating rapidly.
Persons who will be exempt from this Presidential Proclamation will need to fall within the following classes:
- Lawful permanent residents (LPRs) of the United States
- Noncitizen national of the United States
- Noncitizen who is the spouse of a U.S. citizen (USC) or LPR
- Noncitizen who is the parent or legal guardian of a USC or LPR who is under 21
- Noncitizen who is the sibling of a USC or LPR, if both are unmarried and under 21
- Noncitizen who is the child, foster child, or ward of a USC or LPR, or is a prospective adoptee
- Noncitizen traveling at the invitation of the U.S. government for a purpose related to COVID-19
- Noncitizen traveling as a nonimmigrant crewmember
- Noncitizens traveling for other reasons as laid out in the Proclamation for diplomatic, military, law enforcement, national security, or United Nations purposes
The Presidential Proclamation includes a provision that allows the secretary of state and the DHS secretary to lay out criteria that would set forth a national interest exception (NIE). As previous blogs have reported on applying for NIEs, it has become increasingly difficult to obtain approval.
This Presidential Proclamation will not have an end date, and will only be terminated by the president.