Exemptions and Exceptions to Proclamation Suspending Travel from India to Curb COVID-19

President Biden’s Proclamation suspending travel from India, first announced on Friday, April 30, 2021, is now effective. The Proclamation bans the entry of nonimmigrants who were physically present in India during the last 14-days, and is effective until further notice.

Importantly, this prohibition on entry has a number of exceptions. This travel ban does NOT apply to:

  • U.S. citizens and U.S. nationals
  • Lawful permanent residents (LPRs)
  • Spouses of U.S. citizens or LPRs
  • Parents or legal guardians of U.S. citizens or LPRs, provided that the U.S. citizen or LPR is unmarried and under the age of 21;
  • Siblings of U.S. citizens or LPRs, as long as both are unmarried and under the age of 21
  • Children, foster children, wards, or prospective adoptees of U.S. citizens or LPRs
  • Foreign nationals traveling at the invitation of the U.S. government for a purpose related to COVID-19 containment or mitigation
  • Foreign air or sea crew members
  • Nonimmigrants (and their spouses and children) traveling as foreign government officials (employees of TECRO or TECO, diplomatic, and NATO nonimmigrants, and their immediate family members)
  • Foreign nationals whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement
  • Members of the U.S. armed forces and their spouses and children
  • Nonimmigrants whose entry would further important U.S. law enforcement objectives
  • Nonimmigrants whose entry would be in the national interest

Additional Exemptions

The U.S. Department of State also provided a list of travelers who are exempt from the proclamation under the national interest exemption. These exemptions include the following:

  • Fiancé/es of U.S. citizens
  • Students (F-1, M-1) and certain academics covered by exchange visitor programs (J-1) (exempted student’s program of study must begin on or after August 1, 2021)
  • Foreign nationals traveling to the U.S. to provide vital support for critical infrastructure sectors
  • Journalists
  • Pilots and aircrew traveling to the U.S. for training or aircraft pickup
  • Spouses and children of foreign nationals exempt from the proclamation
  • Foreign nationals traveling to the U.S. for purposes related to humanitarian travel, public health response, and national security

The Proclamation does not provide a termination date and will be in effect until President Biden revokes or revises the order. MurthyDotCom will post an update if any new information is made available.


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Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.