Biden Administration Expands COVID-19 Related Travel Restrictions to Travelers from India

President Biden issued a proclamation expanding the travel restrictions which suspend the of entry of certain travelers from the Schengen Area, the United Kingdom, the Republic of Ireland, Brazil, China, Iran, and South Africa, to include travelers from India. The President cited the “magnitude and scope of the COVID-19 pandemic” in the country and surging new cases and the need for “science-based public health measure[s]“ to be implemented.

As with the previous suspensions, U.S. citizens and lawful permanent residents are not subject to the proclamations and certain other exemptions and exceptions still apply.

The expanded rule will become effective at 12:01 a.m. eastern standard time on May 4, 2021.

D&S will continue to monitor the situation and provide updates as they become available.

Department of State Expands Interview Waiver Eligibility

The Department of State (“DOS”) has announced that it has has temporarily expanded the ability of consular officers to waive the in-person interview requirement for certain individuals applying for a nonimmigrant visa. Under the new policy, which will be in effect until December 31, 2021, applicants whose nonimmigrant visa expired within 48 months will be eligible for an interview waiver when applying for a new nonimmigrant visa in the same classification. Previously, only those applicants whose nonimmigrant visa had expired within 24 months were eligible for an interview waiver. DOS has indicated this change will reduce the risk of COVID-19 transmission as it will further limit the number of applicants who must appear at a consular section.

Applicants are encouraged to review the website of the specific U.S. embassy or consulate where they wish to apply for eligibility information and instructions on applying for a visa without an interview or to contact their D&S professional prior to booking travel.

Biden Administration Expands COVID-19 Related Travel Restrictions

This week, President Biden signed a proclamation continuing the suspension of entry of certain travelers from the Schengen Area, the United Kingdom, the Republic of Ireland, Brazil, China, and Iran, and expanding these restrictions to include travelers from South Africa.

As with the previous suspensions, U.S. citizens and lawful permanent residents are not subject to the proclamations and certain other exemptions and exceptions still apply.

The expanded rule will become effective at 12:01 a.m. eastern standard time on January 30, 2021.

D&S will continue to monitor the situation and provide updates as they become available.

U.S. to Require Proof of Negative COVID Test for International Travelers

The U.S. Centers for Disease Control and Prevention (“CDC”) announced that a negative Covid-19 test will be required from all air passengers entering the United States.

Under the rule, which will go into effect on January 26, all air passengers will be required to get a test within three days prior to their flight to the U.S., and to provide written documentation of their lab results, or documentation of having recovered from Covid-19 within the preceding three months. The rule will apply regardless of vaccination status and proof of immunization will not be sufficient to exempt a traveler from these requirements.

Airlines will be required to confirm all passengers are in compliance with the new rule prior to boarding, and where a passenger chooses not to take a test or cannot provide documentation of a negative test or recovery, the airline must not permit the passenger to board the flight.

DHS Announces Intention to Implement Security Enhancements to Visa Waiver Program

On August 6, 2015, Secretary of the Department of Homeland Security ("DHS"), Jeh Johnson, released a statement announcing DHS and the State Department's intent to implement a number of additional or revised security criteria for all participants in the Visa Waiver Program ("VWP"). These criteria will apply to both new and current members of the Program.  In addition, these enhancements are intended to build upon the additional data fields of information added to the Electronic System for Travel Authorization ("ESTA") application last fall.

The most significant of the new security enhancements include:

1. The requirement that VWP members use e-passports for all travel to the U.S.
2. The requirement that the INTERPOL Lost and Stolen Passport Database be used to screen travelers crossing the borders of a VWP country.
3. Permission for expanded use of U.S. federal air marshals on international flights from VWP countries to the U.S.

Secretary Johnson's statement emphasized that the new measures were intended to enhance security without hindering lawful trade and travel between VWP participating countries.