U.S. Imposes Travel Ban on Noncitizens Recently Present in India

In response to the tragic COVID-19 outbreak unfolding in the Republic of India (“India”), President Biden has issued a Proclamation that, effective May 4, 2021, suspends entry into the U.S. for certain noncitizens who were physically present in India during the 14-day period preceding their entry or attempted entry. This new restriction largely mirrors those already in effect for travel from Brazil, People’s Republic of China, Iran, Ireland, countries in the European Schengen Area, South Africa, and the United Kingdom. U.S. citizens, as well as the following classes of noncitizens, are exempt from the travel ban: The Proclamation mandates that the Secretary of Homeland Security establish procedures to prevent restricted noncitizens from boarding U.S.-bound aircraft. Further, any restricted noncitizen who, through fraud, misrepresentation or illegal entry, attempts to circumvent the restriction shall be prioritized for removal (deportation). As stated above, the Proclamation will take effect on May 4, 2021. It will not apply to any person who boarded a U.S.-bound flight that departed prior to 12:01am EST on May 4, 2021. The Proclamation shall remain in effect until terminated by the President. The Outside GC Immigration Team strongly advises its corporate clients to discourage their restricted noncitizen employees from traveling to India until President Biden terminates the Proclamation. If such travel is unavoidable, the employee should be prepared to remain in India for an extended period. If you have questions, please do not hesitate to contact the Outside GC Immigration Team: Lori Geisinger at lgeisinger@outsidegc.com or Ed Farwell at efarwell@outsidegc.com.