Suspension of Entry as Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019

This proclamation suspends entry into the United States as nonimmigrants for noncitizens who were physically present in India during the 14 days before entry, effective May 4, 2021, due to widespread COVID-19 transmission and concerning variants. It includes exemptions for lawful permanent residents, certain family members of U.S. citizens/residents, crew members, diplomats, and others, with monthly review by HHS to recommend continuation, modification, or termination.

Federal Register Open PDF 86 FR 24297

Impact dates

Date TBD
Monthly HHS recommendations due on final day of each calendar month
May 30, 2021
First HHS recommendation on continuation/modification/termination
May 4, 2021
Proclamation effective; entry suspension begins

Key directives

Suspend and limit entry of nonimmigrant noncitizens physically present in India during 14-day pre-entry period
Secretary of State to implement visa procedures in consultation with DHS
Secretary of DHS to implement entry procedures in consultation with State
Secretaries of State, Transportation, and DHS to endeavor to prevent covered noncitizens from boarding U.S.-bound aircraft
DHS may establish standards for application at ports of entry
DHS to consider prioritizing removal for those who circumvent via fraud or illegal entry
HHS to recommend continuation/modification/termination within 30 days and monthly thereafter

Who is ordered

Timeline

Immediate

Proclamation signed April 30, 2021
Entry suspension takes effect 12:01 a.m. EDT May 4, 2021
Flights departing before May 4, 2021 are exempt

Near term (90d)

First HHS recommendation due by May 30, 2021 (within 30 days of signing)
Monthly HHS recommendations thereafter on final day of each calendar month
Secretary of State and DHS to implement visa and entry procedures

Long term

Proclamation remains in effect until terminated by President
Potential modification or termination based on HHS recommendations and COVID-19 conditions in India

Risks & tensions

Potential strain on U.S.-India diplomatic relations during COVID-19 surge
Family separation concerns despite exemptions for immediate relatives
Implementation challenge: verifying 14-day physical presence in India
Variant surveillance uncertainty: B.1.617 characteristics still being studied at time of proclamation
Economic impact on aviation and travel sectors