President Joe Biden issued a proclamation Friday to bar entry to the country to most foreign nationals traveling from India beginning May 4.

Key Points:

  • Under the terms of the proclamation, the U.S. will bar entry to individuals who have been physically present in India in the 14 days prior to entering the U.S. U.S. citizens, lawful permanent residents, close family of U.S. citizens and lawful permanent residents and a limited number of others are exempt.
  • The proclamation will take effect at 12:01 a.m. EDT on May 4. It will not apply to individuals aboard flights scheduled to arrive in the U.S. if they departed prior to 12:01 a.m. EDT on May 4.
  • Earlier this week, the U.S. Embassy announced it would extend until May 15 the cancellation of in-person and interview-waiver appointments at the embassy and U.S. consulates in Chennai, Hyderabad and Kolkata. The embassy website now indicates appointments are canceled at the Mumbai consulate until May 28.
  • The State Department recently issued a Level 4 travel advisory warning against travel to India because of the COVID-19 conditions.

Background: In addition to the upcoming restrictions on travel from India, the U.S. continues to bar entry to most foreign nationals who have been physically present in Brazil, China, Iran, Ireland, South Africa, the United Kingdom or the Schengen Area in the 14 days prior to entering the country. U.S. citizens, lawful permanent residents and a limited number of others are exempt. The State Department provided additional guidance this week on national interest exemptions. Anyone flying to the U.S., including citizens and lawful permanent residents, must provide documentation of a negative viral COVID-19 test taken within three days of travel or evidence of recovery from a recent COVID-19 infection.

BAL Analysis: BAL will continue to monitor implementation of the new restrictions and will provide updates on developments. BAL continues to urge foreign nationals to consult their BAL professional before planning international travel as travel restrictions may change with little notice and could affect travelers’ ability to re-enter the U.S.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

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