US Update: BIDEN ADMINISTRATION MAINTAINS TRAVEL RESTRICTIONS FOR SCHENGEN AREA, U.K., IRELAND, BRAZIL, CHINA, AND IRAN AND ADDS SOUTH AFRICA

On January 25, 2021, President Biden issued a Presidential Proclamation maintaining travel restrictions on individuals from the Schengen Area, U.K., Ireland, and Brazil. This Proclamation further adds restrictions on individuals from South Africa and reiterates that previous restrictions implemented by the Trump Administration remain in effect for China (Proclamation 9984) and for Iran (Proclamation 9992).

More specifically, this Proclamation restricts and suspends the entry into the United States, as immigrants or non-immigrants, of noncitizens of the United States who were physically present within the Schengen Area, the U.K. (excluding overseas territories outside of Europe), Ireland, Brazil, and South Africa during the 14-day period preceding their entry or attempted entry into the United States.

The suspension on entry to the U.S. does NOT apply to:

A.  Any lawful permanent resident of the U.S.;

B.  Any noncitizen who is the spouse of a U.S. citizen or lawful permanent resident;

C.  Any noncitizen who is the parent or legal guardian of a U.S. citizen or lawful permanent resident that is unmarried and under the age of 21;

D.  Any noncitizen who is the sibling of a U.S. citizen or lawful permanent resident, provided that both are unmarried and under the age of 21;

E.  Any noncitizen 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;

F.  Any noncitizen traveling at the invitation of the United States Government for a purpose related to containment or mitigation of the virus;

G.  Any noncitizen traveling as a nonimmigrant pursuant to a C-1, D, or C-1/D non-immigrant visa as a crewmember or any noncitizen otherwise traveling to the United States as air or sea crew;

H.  Any noncitizen:

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 nonimmigrant in one of those NATO categories); or

Whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement;

I.  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;

J.  Any noncitizen whose entry would further important U.S law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee; or

K.  Any noncitizen whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designees.

These restrictions are to remain in effect until terminated by the President.

Additionally, beginning January 26, 2021, ALL international travellers to the U.S. must provide proof of a negative COVID-19 test to airlines within three (3) days prior to their departure.

Our continued advice to all non-immigrant visa holders in the United States is to avoid non-essential travel as we cannot guarantee there won’t be any adverse decisions by border officers, even in the case of individuals who are currently permitted to travel and re-enter the U.S. We also cannot guarantee that significant changes will not occur while an individual is outside the U.S. which may preclude their re-entry to the U.S. 

By Scott R. Malyk and Tony Siliato, Meyner and Landis LLP, US, a Transatlantic Law International Affiliated Firm. 

For further information or for any assistance please contact usimmigration@transatlanticlaw.com

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