Travel from India Restricted

There's a new nonimmigrant entry restriction affecting people in India that will have wide impact. It is effective Tuesday, May 4th. Proclamation (quoting it) "restrict[s] and suspend[s] the entry into the United States, as nonimmigrants, of noncitizens of the United States...who were physically present within the Republic of India during the 14-day period preceding their entry or attempted entry into the United States." Exempted from this are the following classes:

• Lawful Permanent Residents ("LPRs");

• Spouses of U.S. citizens ("USCs") or LPRs;

• Parents of USC/LPR children; and

• Child siblings of other USC/LPR children.

It will not affect petitions and applications for benefits sought domestically before USCIS. It can further limit overseas visa issuance and processing which already was strained by limited consular appointment availability and personnel resources on the government side. Proclamation from a timing perspective is indefinite in length. By early June, the HHS Secretary (again quoting the order) will "recommend whether the President should continue, modify, or terminate th[e] proclamation." This then becomes a monthly-revisited assessment and recommendation, made by the HHS Secretary, each monthly-interval thereafter. As a reminder to our client base, similar restrictions remain in effect regarding:

• China;

• The United Kingdom;

• The European Union;

• South Africa; and

• Brazil.

Many of these restrictions have been in place virtually this entire time of COVID-19. Thus, it is conceivable the newest one, regarding India, it could be lasting in duration and in place for some time (subject to the exceptions above, among some others). Earlier in the year, we did issue a Practice Advisory that shared our thoughts on international travel in the current climate. Because there were so many uncontrollable variables in play (among them virus variants emerging internationally, the potential for change (with limited notice) in our government's response to managing global conditions around the pandemic, as well as continued heightened delays and general unreliability in overseas visa processing procedures), we did not feel international travel anywhere was advisable. We continue to feel this way and maintain this. This latest twist, involving India (a country that delivers so much international talent and diversity to the United States), it highlights why this is a safe, conservative and we believe imperative position to adopt. We'll continue to bring you updates as circumstances warrant. It is our sincere hope they will become more positive over time. Please take care, stay safe and well.