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More than one-third of new global cases of COVID-19 have occurred in India, and the numbers are increasing.
As a result, President Biden has added the Republic of India to the list of countries whose nationals and visitors (with some exceptions) are subject to travel restrictions on entering the United States.
Although the addition of India to the list of restricted countries is understandable, it will add a layer of unpredictability for U.S. employers as well as the non-immigrants who are subject to the Proclamation.
Exemptions
Fiancé (K-1) and approved immigrant visa holders are exempt and are deemed to be in the national interest, consistent with the April 8 announcement by the U.S. Department of State.
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Seyfarth Synopsis: The President s order
expanding travel restrictions to include India will have a
significant impact on U.S. companies with operations in India, as
well as those companies with Indian national employees who seek to
travel to their home country. This travel restriction will
not apply to U.S. citizens, lawful permanent residents, or
individuals with certain relationships to U.S. citizens or lawful
permanent residents.
Subsequent to our Legal Update, President Biden issued a Presidential Proclamation to prohibit
foreign nationals from entering the U.S. after being
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In response to the surge in COVID-19 cases in India, the Biden-Harris administration
announced on April 30 that the COVID-19-related admission bans currently in place will be expanded to include travelers from India. The ban is currently scheduled to go into effect at 12:01 am EDT on May 4.
Under the ban, individuals who have been present in India during the 14 days prior to their US entry date will not be granted admission as of May 4. Similar to the other country-specific admission bans, US citizens, permanent residents (green card holders), and their families will likely be exempted from the ban, as will individuals who have secured advance permission to enter the country through a National Interest Exception (NIE).
NEW DELHI: Indian students whose classes in US start from August 1, 2021, can enter the country.
The US Embassy in India on Tuesday when the restriction on travellers from India came into effect Tweeted: “Under the current Presidential Proclamation, student visa holders are able to enter the United States if their classes start on or after August 1, 2021. We are unfortunately unable to approve exceptions for F visa holders with a program start date before August 1, 2021. If your start date is before August 1, we urge you to contact your respective educational institutions to discuss options.”
On April 30, 2021, President Joe Biden had signed a Proclamation suspending the entry of certain nonimmigrant travellers who have been physically present in India, from Tuesday (May 4) 9.30 am (IST). Immigrants, US citizens, and lawful permanent residents (LPR) are not subject to the proclamation. Some other exceptions include foreign diplomats traveling to US on some visa classes, a