On January 25, 2021, President Biden signed the “Proclamation on the Suspension of Entry as Immigrants and Non-Immigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease,” which prevents non-U.S. citizens from entering the country if they have been physically present within the Schengen Area, the United Kingdom (U.K.), Ireland, Brazil, and South Africa, within the 14 days preceding their travel. Certain individuals remain exempt from the ban, including U.S. lawful permanent residents (LPRs), U.S. nationals, spouses of U.S. citizens or LPRs, and parents or guardians or U.S. citizens or LPRs who are unmarried and under the age of 21, as well as other limited exceptions. The proclamation cites preventing the spread of COVID-19 and variant strains of the virus as the reason behind the travel restriction.

As background, the Trump Administration imposed similar restrictions to prevent entry of individuals from the Schengen Area, the U.K., Ireland and Brazil in March and May 2020. However, earlier this month, former President Trump issued a proclamation lifting these travel restrictions, which was set to take effect on January 26, 2021. This latest proclamation by President Biden will reinstate the entry limitations for immigrants and nonimmigrants from the Schengen Area, the U.K., Ireland and Brazil as well as add travel restrictions for non-U.S. citizens arriving from South Africa. The entry limitations for individuals from South Africa will go into effect on January 30, 2021.

In certain circumstances, the Department of State may grant a “National Interest Exception”  to this regional entry ban. If you have any questions regarding how the extension of these travel restrictions impacts your business or foreign national employees, or regarding your eligibility for a National Interest Exception, please reach out to the immigration attorneys at Ryan, Swanson & Cleveland.

Visit our blog to stay up to date on all the latest immigration developments and please contact the Immigration Attorneys at Ryan Swanson if you have any questions.

Amy Royalty can be reached at [email protected].
Jen Chen can be reached at [email protected].
Cody Nunn can be reached at [email protected].
Marsha Mavunkel can be reached at [email protected].
Janet Cheetham can be reached at [email protected].
Joel Paget can be reached at [email protected].