President Biden’s Proclamation Suspending Certain International Travel to Combat COVID-19 and COVID-19 Variants

Category: COVID-19 Legal Resource Guide
Date: Jan. 26, 2021
Title: President Biden’s Proclamation Suspending Certain International Travel to Combat COVID-19 and COVID-19 Variants

Despite Trump withdrawing several of his COVID-19-related travel bans shortly before leaving office, President Biden has reinstituted the ones that were withdrawn and has added South Africa to the list. Specifically, in order to contain the spread of COVID-19 and protect against new variants of the disease, President Biden implemented travel restrictions suspending entry to the United States of all non-exempt foreign nationals who were physically present within the 26 countries that comprise the Schengen Area (Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden and Switzerland), the United Kingdom, Ireland, Brazil or South Africa during the 14-day period preceding their entry or attempted entry into the United States. The Schengen Area, United Kingdom, Ireland and Brazil travel prohibitions began at 12:01 a.m. Eastern Standard Time on January 26, 2021. They will not apply to persons aboard flights scheduled to arrive in the United States that departed prior to 12:01 a.m. Eastern Standard Time on January 26, 2021. The South Africa travel prohibition begins at 12:01 a.m. Eastern Standard Time on January 30, 2021. It will not apply to persons aboard flights scheduled to arrive in the United States that departed prior to 12:01 a.m. Eastern Standard Time on January 30, 2021.

Among those exempt from the travel suspensions are:

Lawful permanent residents (i.e., green card holders) of the United States
Foreign nationals who are spouses of U.S. citizens or green card holders

A full list of the exemptions may be found in the proclamation via https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/25/proclamation-on-the-suspension-of-entry-as-immigrants-and-non-immigrants-of-certain-additional-persons-who-pose-a-risk-of-transmitting-coronavirus-disease/.

If you have questions regarding any of the travel bans currently in place and/or are interested in applying for a national interest exception (NIE), please do not hesitate to contact any of the lawyers in Kramer Levin’s Business Immigration group.