In response to the surge in COVID-19 cases in India, the Biden-Harris administration announced on April 30 that the COVID-19-related admission bans currently in place will be expanded to include travelers from India. The ban is currently scheduled to go into effect at 12:01 am EDT on May 4.
Under the ban, individuals who have been present in India during the 14 days prior to their US entry date will not be granted admission as of May 4. Similar to the other country-specific admission bans, US citizens, permanent residents (green card holders), and their families will likely be exempted from the ban, as will individuals who have secured advance permission to enter the country through a National Interest Exception (NIE).
Per our prior alerts, the country-specific admission bans currently impact individuals who have been present in any of the following countries during the 14 days preceding their proposed entry to the United States: Brazil, China, Iran, Ireland, South Africa, United Kingdom (including England, Scotland, Wales, Northern Ireland, and the Republic of Ireland), and the Schengen area (which includes Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland).
Per current Centers for Disease Control and Prevention (CDC) guidelines, all air travelers seeking admission to the United States (regardless of citizenship status and/or the issuance of an NIE) are required to present the airline with proof of a negative COVID-19 test or evidence of recovery from COVID-19 within the last 90 days. The test must be conducted based on a sample that was taken within three days of the flight to the United States, and must be a viral antigen test or a nucleic acid amplification test (NAAT) to detect current infection status. Individuals who do not present evidence of the negative test result or proof of recovery within the last 90 days will not be permitted to board their flights.
If you have any questions or would like more information on the issues discussed in this alert, please contact any of the following Morgan Lewis lawyers:
Shannon A. Donnelly
Eric S. Bord
Laura C. Garvin
For additional government-related guidance, learn more about our Washington strategic government relations and counseling practice.