Presidential Proclamation 10199 issued on April 30, 2021 restricts and suspends the entry into the United States of nonimmigrants, who were physically present within India during the 14-day period preceding their entry or attempted entry into the United States.

The proclamation does not apply to:

(i) lawful permanent residents;

(ii) nationals of the United States;

(iii) spouses of U.S. citizens or lawful permanent residents;

(iv) parents or legal guardians of minor (under 21) unmarried U.S. citizen or lawful permanent residents;

(v) siblings of U.S. citizens or lawful permanent residents (both siblings have to be unmarried and under 21);

(vi) children, foster child, or ward of U.S. citizens or lawful permanent residents, or who is a prospective adoptee seeking to enter the United States pursuant to the IR–4 or IH–4 visa classifications;

(vii) any noncitizen traveling at the invitation of the United States Government for a purpose related to containment or mitigation of the virus;

(viii) any noncitizen traveling as a nonimmigrant pursuant to a C–1, D, or C–1/D nonimmigrant visa as a crewmember or any noncitizen otherwise traveling to the United States as air or sea crew;

(ix) noncitizen

(A) seeking entry in: A–1, A–2, C–2, C–3 (as a foreign government official or immediate family member of an official), E–1 (as an employee of TECRO or TECO or the employee’s immediate family members), G– 1, G–2, G–3, G–4, NATO–1 through NATO–4, or NATO–6 (or seeking to enter as a nonimmigrant in one of those NATO categories); or

(B) whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement;

(x) any noncitizen who is a member of the U.S. Armed Forces or who is a spouse or child of a member of the U.S. Armed Forces;

(xi) any noncitizen whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee; or

(xii) any noncitizen whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designees.

The proclamation shall remain in effect until terminated by the President. The Secretary of Health and Human Services shall, as circumstances warrant and no more than 30 days after the date of this proclamation and by the final day of each calendar month thereafter, recommend whether the President should continue, modify, or terminate this proclamation.

DOS Secretary made a national interest determination regarding categories of travelers eligible for exceptions under regional COVID proclamations, including the April 30, 2021, proclamation restricting the entry of nonimmigrant travelers who have been physically present in India:

  • Immigrants
  • Fiancé(e)s
  • Students and certain academics covered by exchange visitor programs. Students subject to these geographic COVID proclamations due to their presence in India, China, Iran, Brazil, or South Africa, may qualify for a National Interest Exception only if their academic program begins August 1, 2021 or later or whose OPT begins August 1, 2021. Students with valid F-1 and M-1 visas intending to begin or continue an academic program, including optional practical training (OPT), starting August 1, 2021 or later do not need to contact an embassy or consulate to travel.
  • Travelers who are seeking to provide vital support for critical infrastructure sectors.
  • Journalists
  • Pilots and aircrew traveling to the United States for training or aircraft pickup, delivery, or maintenance, including individuals who are traveling to the United States on B-1/B-2, B-1, or M-1 visas, or Visa Waiver Program authorizations. This also include certain M-2 dependents when the principal’s necessary training is four weeks or more.
  • Certain exchange visitors
  • Derivative family members accompanying a noncitizen who is excepted from or otherwise not subject to the Proclamation and who is engaging in certain types of long-term employment, studies, or research of four weeks or longer.

Per DOS, NIEs are also available to qualified travelers seeking to enter the United States for purposes related to humanitarian travel, public health response, and national security.

DOS announced U.S. embassies and consulates are using a tiered approach to triage immigrant visa applications and to address the backlog in the processing of immigrant visas. DOS identified four priority tiers listing the main categories of immigrant visas in each:

  • Tier One: Immediate relative intercountry adoption visas, age-out cases (cases where the applicant will soon no longer qualify due to their age), and certain Special Immigrant Visas (SQ and SI for Afghan and Iraqi nationals working with the U.S. government)
  • Tier Two: Immediate relative visas; fiancé(e) visas; and returning resident visas
  • Tier Three: Family preference immigrant visas and SE Special Immigrant Visas for certain employees of the U.S. government abroad
  • Tier Four: All other immigrant visas, including employment preference and diversity visas