The U.S. government has begun enforcing a proclamation banning entry to most foreign nationals traveling from India as nonimmigrants. The White House announced the restrictions on Friday.

Key Points:

  • The ban applies to most foreign nationals who have been physically present in India in the 14 days prior to entering the U.S. as nonimmigrants (i.e., on temporary visas).
  • Officials confirmed in an FAQ that the entry ban does not apply to foreign nationals holding unused, unexpired immigrant visas. It also does not apply to U.S. citizens, lawful permanent residents, the immediate family of citizens and lawful permanent residents, and a limited number of others. The full FAQ is available here.
  • The U.S. State Department said Friday that the same National Interest Exemption (NIE) standards that apply to the U.S.’s other regional travel bans will apply to the India ban as well. The State Department has update the NIE standards a number of times, most recently on April 26.
  • Consular services in India remain limited after consulates announced widespread cancellations.

Background: Besides 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. 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 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. BAL continues to monitor the U.S.’s COVID-19 travel and immigration restrictions and will provide additional information as it becomes available.

Source: This alert has been provided by the BAL U.S. Practice group. For additional information, please contact

Copyright © 2021 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact