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Three Things To Know: India Travel Ban Proclamation | Husch Blackwell LLP

On April 30, 2021, the Biden Administration issued a Presidential Proclamation suspending the entry of selected foreign national travelers who have been bodily present in India throughout the 14-day period previous their travel to the United States. The Proclamation cites the current surge in COVID-19 cases in India as the bases for the travel ban and U.S. Centers for Illness Regulate and Avoidance (CDC) results that “proactive measures are needed to guard the Nation’s public health from travelers entering the United States” from India.

The Proclamation went into result on Tuesday, May perhaps 4, 2021, and will be re-evaluated every single 30 times. Affected vacationers must assume the vacation ban to keep on being in put for a sizeable period of time.

International countrywide travelers and companies who employ foreign nationals need to maintain the next in head:

1. Not anyone is issue to the travel ban. The pursuing vacationers are not matter to the vacation ban but may possibly be demanded to go through extra screening upon arrival to the United States:

  • U.S. citizens and lawful permanent people
  • Spouses of U.S. citizens and lawful permanent residents  
  • Mom and dad and legal guardians of single U.S. citizen young children or lawful long-lasting resident little ones, beneath the age of 21
  • Siblings of U.S. citizens or lawful long lasting inhabitants, provided that both are single and less than the age of 21
  • Foreign nationals touring at the invitation of the U.S. Authorities for a intent linked to containment or mitigation of COVID-19
  • Foreign countrywide air or sea crewmembers
  • International nationals, together with immediate spouse and children members, who keep selected A, C, E-1 (as personnel of Taipei Economic and Cultural Agent Business [TECRO] or Taipei Economic and Cultural Office environment [TECO]), G and NATO nonimmigrant Visa classifications
  • Overseas nationals who drop within the scope of Section 11 of the United Nations Headquarters Agreement
  • Foreign nationals whose entry would not pose a sizeable risk of introducing, transmitting or spreading the virus, as identified by the CDC
  • Customers of the U.S. Armed Forces as properly as their spouses and young children
  • International nationals whose entry would include even more great importance to U.S. legislation enforcement aims.

2. There are exceptions to the journey ban. The Proclamation carves out an exception for people whose entry would be in the countrywide fascination. Waiver requests are acknowledged at the U.S. Consulate.

3. Foreign nationals outdoors of the United States may well not be able to travel to the United States even if they are not matter to the travel ban. Companies ought to put together for the probability that employees who are physically present abroad may well be not able to obtain a Visa from a U.S. Consulate or, if they possess a legitimate Visa, may well not be able to enter the United States. Flights might be limited and may well be cancelled at the last minute. Employers really should use extreme caution before sending their international countrywide staff members internationally and clearly connect individuals dangers to their workers. As of the date of this publishing, the COVID-19-connected travel bans for the following international locations continue to be in effect: China, United Kingdom, Schengen Location, South Africa, Brazil and Iran.

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