In response to surging COVID-19 cases in India, President Biden issued a proclamation this afternoon (April 30), banning travelers into the United States from India effective May 4, 2021 at 12:01 AM EST.  Travelers on flights en route to the US from India that departed before 12:01 AM on May 4, 2021, will not be subject to the restriction. 

According to the World Health Organization, there are now over 18,375,000 confirmed cases of COVID-19 in India, with the country accounting for more than one-third of new confirmed cases in the world.

Who will be impacted by this travel restriction?

The travel restrictions apply to most non-US citizens who were physically in India within 14 days prior to their arrival in the United States. 

Who is exempt from these restrictions? 

The restrictions do not apply to the following individuals:

1. US citizens traveling from India.

2. Lawful permanent residents.

3. Spouses and minor children of US citizens or lawful permanent residents.

4. Parents, legal guardians, or siblings of a US citizen or lawful permanent resident.

5. Children, foster children, or wards of US citizens or lawful permanent residents seeking entry to the US in IR-4 or IH-4 visa classifications.

6. Foreign nationals traveling at the invitation of the US government for a purpose related to containment or mitigation of the virus.

7. Foreign nationals traveling under a C-1, D, or C-1/D nonimmigrant visa.

8. Any foreign national traveling under A-1, A-2, C-2, C-3, E-1 (as an employee of TECRO or TECO), G-1, G-2, G-3, G-4, NATO-1 through NATO-4, or NATO-6 visa classification.

9. Members of the Armed Forces and their spouses and children.

10. Any alien furthering US law enforcement objectives or whose entry would be in the national interest.

Although President Biden has not offered a timeline by when these restrictions will end, he has indicated that these travel restrictions will be reviewed every 30 days to determine whether they need to be continued. 

Please note that if urgent travel to a restricted country is necessary and you would be subject to the restriction upon return, we recommend spending 14 days in a non-restricted country prior to seeking admission to the US.  

U.S. Land Borders Remain Closed to Non-Essential Travel Until May 21, 2021.

The growing cases of COVID-19 abroad has also resulted in Customs and Border Protection (CBP) extending the prohibition on “non-essential travel” at its land borders with both Canada and Mexico for an additional 30 days through May 21, 2021.

Although many people living in the U.S. are now becoming vaccinated against Covid-19 and may be eager to travel across the border, it is important for travelers to keep in mind existing restrictions before making any travel plans. 

Restricted travel includes travel via ferry service and other “non-essential” travel for recreation, tourism, or visitation of family and friends.  It is recommended to travel by air if there is a need to cross the border.  

While the determination of essential travel continues to be at the discretion of the port of entry, CBP has confirmed that “essential travel” includes:

• U.S. citizens and lawful permanent residents returning to the U.S.

• Individuals traveling to work in the U.S., attend educational institutions, or who are traveling for medical purposes.

• Individuals traveling for emergency response including efforts to respond to Covid-19.

• Individuals engaged in cross-border trade, official government travel, diplomatic travel, or military related travel.

• Members of the U.S. military and their spouses and children returning to the U.S.

• Members of federally recognized Tribes, whose reservations span the US-Canada border when traveling from one part of a reservation to another.

Canada’s travel restrictions along the border initiated on March 21, 2020 continue. Those who can enter Canada include:

• Canadian citizens and permanent residents.

• Person registered under Canada's Indian Act.

• Foreign Nationals coming for an essential purpose from the United States.

• Foreign Nationals coming for an essential purpose from a country other than the United States that are exempt from the travel restrictions.

The land borders have been closed since March 21, 2020, to non-essential travel due to the COVID-19 pandemic.  According to DHS, the U.S. government is maintaining cross-border activities with Canada and Mexico that support health security, trade, commerce, supply security, and other essential activities while taking steps to curb the spread of Covid-19. 

We will continue to monitor the situation and provide updates as soon as they become available. 

This alert is for informational purposes only. Please contact me if you would like to discuss this development further.