Legal Blogs and Updates

The Centers for Disease Control and Prevention (CDC), within the Department of Health and Human Services, working in close coordination with the Department of Homeland Security, has determined that the Republic of India is experiencing widespread, ongoing person-to-person transmission of SARS-CoV-2, the virus that causes COVID-19.  The World Health Organization has reported that the Republic of India has had more than 18,375,000 confirmed cases of COVID-19.  The magnitude and scope of the COVID-19 pandemic in the Republic of India is surging; the Republic of India accounts for over one-third of new global cases, and the number of new cases in the Republic of India is accelerating at a rapid rate.  There have been more than 300,000 average new daily cases in the Republic of India over the past week.  A variant strain of the virus, known as B.1.617, is also circulating in the Republic of India, along with other variant strains, including B.1.1.7, first detected in the United Kingdom, and B.1.351, first detected in the Republic of South Africa.  The CDC advises, based on work by public health and scientific experts, that these variants have characteristics of concern, which may make them more easily transmitted and have the potential for reduced protection afforded by some vaccines.

After reviewing the public health situation within the Republic of India, CDC has concluded that proactive measures are required to protect the Nation’s public health from travelers entering the United States from that jurisdiction.

In response, President Biden issued a proclamation suspending the entry into the United States, of non U.S. citizens who were physically present in India during the 14-day period preceding their entry or attempted entry. This proclamation is effective 5/4/21 but also contains a list of exemptions and shall not apply to:

          (i)     any lawful permanent resident of the United States;

          (ii)    any noncitizen national of the United States;

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

          (iv)    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;

          (v)     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;

          (vi)    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;

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

          (viii)  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;

          (ix)    any noncitizen

              (A)  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

              (B)  whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement;

          (x)     any noncitizen who is a member of the U.S. Armed Forces or who is a spouse or child of a member of the U.S. Armed Forces;

          (xi)    any noncitizen 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

          (xii)   any noncitizen whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designees.

Source: The White House