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UPDATED: Presidential Proclamation Suspending Entry as Nonimmigrants of Certain Additional Persons from India Who Pose a Risk of Transmitting Coronavirus Disease 2019

On April 30, 2021, Joseph R. Biden Jr., President of the United States of America, signed a Proclamation to suspend the entry of non-immigrants of certain additional persons from India who pose a risk of transmitting the Coronavirus disease of 2019. The new proclamation becomes effective at 12:01 a.m. eastern daylight time on May 04, 2021. This proclamation does not apply to persons aboard a flight scheduled to arrive in the United States that departed prior to 12:01 a.m. eastern daylight time on May 4, 2021.

As the Proclamation says as elucidated below:

  1. Who will be affected?
  2. H-1B or H-2B non-immigrants and any alien (dependents) accompanying them or following to join them (dependents).
  3. L1 (Executives and Managers; Specialized Knowledge Workers)
  • J1 (Intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any aliens accompanying them or following to join them (dependents)
  1. B1/B2, F1/F2, and other non-immigrant categories.

The above stated non-immigrant visa categories will not be affected, if they are accompanying minors who are US citizens or spouse of a U.S. citizen or a lawful permanent resident.

  1. Who is exempted?
  2. Any lawful permanent resident of the United States.
  3. Any non-citizen national of the United States.
  • Any non-citizen who is the spouse of a U.S. citizen or lawful permanent resident.
  1. Any non-citizen who is the parent or legal guardian of a U.S. citizen or lawful permanent resident, provided that the U.S. citizen or lawful permanent resident is unmarried and under the age of 21.
  2. Any non-citizen who is the sibling of a U.S. citizen or lawful permanent resident, provided that both are unmarried and under the age of 21.
  3. Any non-citizen who is the child, foster child, or ward of a U.S. citizen or lawful permanent resident, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications.
  • Any non-citizen traveling at the invitation of the United States Government for a purpose related to containment or mitigation of the virus.
  • Any non-citizen traveling as a non-immigrant pursuant to a C-1, D, or C-1/D non-immigrant visa as a crew member or any non-citizen otherwise traveling to the United States as air or sea crew.
  1. Any non-citizen

(A)  seeking entry into or transiting the United States pursuant to one of the following visas:  A-1, A-2, C-2, C-3 (as a foreign government official or immediate family member of an official), E-1 (as an employee of TECRO or TECO or the employee’s immediate family members), G-1, G-2, G-3, G-4, NATO-1 through NATO-4, or NATO-6 (or seeking to enter as a non-immigrant in one of those NATO categories); or

(B)  whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement.

  1. Any non-citizen who is a member of the U.S. Armed Forces or who is a spouse or child of a member of the U.S. Armed Forces.
  2. Any non-citizen whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designee, based on a recommendation of the Attorney General or his designee.
  • Any non-citizen whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designee.
  • Nothing in this proclamation shall be construed to affect any individual’s eligibility for asylum, withholding of removal, or protection under the regulations issued pursuant to the legislation implementing the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, consistent with the laws and regulations of the United States.
  • When will the order terminate?

This proclamation shall remain in effect until terminated by the President.  The Secretary of Health and Human Services shall, as circumstances warrant and no more than 30 days after the date of this proclamation and by the final day of each calendar month thereafter, recommend whether the President should continue, modify, or terminate this proclamation.

 

Please note, at present, most of the United States Consulates abroad have suspended routine visa processing or are providing limited services.

 

We will regularly update the blog section on our website as soon as any new information is available.

 

Disclaimer

This article aims to provide new information concerning recent Presidential proclamation and its effect on the Nonimmigrants. This article, under no circumstances, acts as legal advice; therefore, for any proclamation or any immigration questions, please contact your Attorney or the Ahluwalia Law Offices, P.C. (Team ALO).

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