COVID-19 Travel Restrictions Exceptions to the Presidential Proclamations

On June 24, 2021, U.S. Department of State announced COVID-19 travel restrictions exceptions to the Presidential Proclamations (9984 for China; 9992 for Iran; 10143 for Schengen Area, UK, Ireland, Brazil, and South Africa; 10199 for India) announced previously that suspended entry into the United States of America of all noncitizens who were physically present in any of 33 countries during the 14-day period preceding their entry or attempted entry into the United States.

According to the announcement, the Proclamation does not apply to:

• U.S. citizens.
• Lawful permanent residents (green card holders).
• Spouses and minor children of U.S. citizens or lawful permanent residents.
• Parents or legal guardians of a U.S. citizen or lawful permanent resident unmarried minor child.
• Siblings of a U.S. citizen or lawful permanent resident child provided both are unmarried and under the age of 21.
• Air and sea crewmembers.
• U.S. noncitizen nationals (not applicable to Proclamations 9984 (China) and 9992(Iran).
• Diplomats.
• Any noncitizen who is a member of the U.S. Armed Forces and any noncitizen who is a spouse or child of a member of the U.S. Armed Forces.
• Certain U.S. Government invitees for the purpose of the containment or mitigation of COVID-19; and.
• Certain travelers whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designees.

Three categories of travelers that are automatically considered for National Interest Exception (NIE) at the Port of Entry and do not require advance approval of a NIE from an embassy or consulate.

• Immigrants of all categories (not applicable to Proclamation 10199, which only covers nonimmigrant travel).
• Fiancé(e)s of U.S. citizens and their dependents (K visas).
• Students (F and M visas) as described here.
• New or returning students present in China, Brazil, Iran, South Africa, or India may arrive no earlier than 30 days before the start of an academic program beginning August 1, 2021, or after, including optional practical training (OPT).

Travelers who believe their travel is within one of the below categories may apply for a National Interest Exception (NIE) and one should consult the website of the nearest embassy or consulate for instructions on applying for an NIE.

• Certain exchange visitors, including:

• Travel by an au pair to provide care for a minor U.S. citizen, LPR, or nonimmigrant in lawful status when the au pair possesses special skills required for a child with particular needs (e.g., medical, special education, or sign language).
• Travel by an au pair that prevents a U.S. citizen, lawful permanent resident, or other nonimmigrant in lawful status from becoming a public health charge or ward of the state or ward of a medical or other public funded institution.
• Travel by an au pair to provide childcare services for a child whose parents are involved with giving medical care to individuals who have contracted COVID-19, or who are conducting medical research at United States facilities to help the United States combat COVID-19.
• Travel for an exchange program conducted pursuant to an MOU, Statement of Intent, or other valid agreement or arrangement between a foreign government and any federal, state, or local government entity in the United States that is designed to promote U.S. national interests if the agreement or arrangement with the foreign government was in effect prior to June 24, 2020, such as https://eca.state.gov/fulbright.
• Travel by interns and trainees on U.S. government agency-sponsored programs (those with a program number beginning with “G-3” on Form DS-2019): An exchange visitor participating in an exchange visitor program in which he or she will be hosted by a U.S. government agency and the program supports the immediate and continued economic recovery of the United States.
• Travel by specialized teachers in accredited educational institutions with a program number beginning with “G-5” on Form DS-2019: An exchange visitor participating in an exchange program in which he or she will teach full-time, including a substantial portion that is in person, in a publicly or privately operated primary or secondary accredited educational institution where the applicant demonstrates ability to make a specialized contribution to the education of students in the United States. A “specialized teacher” applicant must demonstrate native or near-native foreign language proficiency and the ability to teach his/her assigned subject(s) in that language.
• Travel in support of critical foreign policy objectives: This only includes exchange visitors participating in a small number of exchange programs that fulfill critical and time sensitive foreign policy objectives.

• Exchange students and academics (certain J visas to include those in the professor, research scholar, short-term scholar, or specialist categories).
• New or returning students and academics present in China, Brazil, Iran, South Africa, or India may arrive no earlier than 30 days before the start of an academic program beginning August 1, 2021, or after.
• Educational Commission for Foreign Medical Graduates (ECFMG) J visa program participants.
• Journalists (I visas).
• Travelers providing executive direction or vital support for critical infrastructure sectors, or directly linked supply chains, as outlined at https://www.cisa.gov/critical-infrastructure-sectors;
• Travelers providing vital support or executive direction for significant economic activity in the United States
• Pilots and aircrew traveling for training or aircraft pickup, delivery, or maintenance.
• Those whose purpose of travel falls within one of these categories:

• • lifesaving medical treatment for the principal applicant and accompanying close family members
  • public health for those travelling to alleviate the effects of the COVID-19 pandemic, or to continue ongoing research in an area with substantial public health benefit (e.g., cancer or communicable disease research)
  • humanitarian travel, to include those providing care for a U.S. citizen, lawful permanent resident, or other nonimmigrant-in-lawful-status close family member
  • medical escorts, legal guardians, or other escorts required by an airline or legally required by a foreign medical or law enforcement entity accompanying a U.S. citizen being repatriated to the United States.
  • national security; and
  • derivative family members accompanying or following to join a noncitizen who has been granted or would be reasonably expected to receive a National Interest Exception (NIE) or is not otherwise subject to the Proclamations and who is engaging in certain types of long-term employment, studies, or research lasting four weeks or more.
• Temporary workers present in South Africa whose travel is essential to food supply chain (H-2A and certain H-2B visas) are excepted travelers as described in this article.

Also, if the travelers present in these 33 countries who believe they have an urgent need for travel to the United States that does not fall under any of the categories described above should consult the website of the nearest embassy or consulate for instructions on applying for an individual NIE. If the embassy or consulate supports the granting of an individual NIE in a particular case, they will forward their recommendation to the Department of State for consideration.

We will regularly update the blog as soon as any new information is available.

Disclaimer

This article aims to provide new information concerning Presidential Proclamations, and U.S. Department of State guidance on the same. This article, under no circumstances, acts as legal advice; therefore, for any immigration questions, please contact your Attorney or the Ahluwalia Law Offices, P.C. (Team ALO).