President Biden points new COVID-19 journey ban | Dorsey & Whitney LLP

On Monday, January 25, 2021, President Joseph Biden issued a presidential proclamation introducing a brand new coronavirus-related journey ban that stops entry into the US for many international nationals who’ve visited numerous European international locations, Brazil and South Africa prior to now 14 days. . The White Home then printed Full textual content of the proclamation.

The proclamation is the primary issued by the president to forestall international vacationers from getting into the US and relies on the earlier journey restrictions launched by former President Trump. President Biden issued this announcement after reviews of a variant of the COVID-19 virus have been found in Europe, Brazil and South Africa.

The brand new order prohibits entry into the US by all international nationals who have been bodily current within the Schengen space, the UK (excluding abroad territories outdoors Europe), the Republic of Eire, the Federal Republic of Brazil and the Republic of South Africa through the 14-day interval instantly previous to their entry into the US. The order applies All international nationals (ie non-US nationals) who’ve visited these areas, not simply nationals of the 30 affected international locations.

The 26 international locations within the Schengen space are: Austria, Belgium, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Slovakia , Slovenia, Spain, Sweden and Switzerland. The restriction additionally covers Eire and the UK, which aren’t technically a part of the Schengen space.

As well as, the Biden administration has acknowledged that every one worldwide vacationers to the US should present proof of a adverse COVID-19 take a look at to the airways inside three days of departure. This requirement was famous in a January 21 government order, however particulars of the execution of the order haven’t but been introduced.

Like earlier coronavirus-related journey bans, the brand new order contains a number of necessary exceptions to the journey restrictions. The next are classes of international nationals which can be free from the order:

  1. Authorized everlasting residents (ie holders of “inexperienced playing cards”).
  2. Spouses of US residents or authorized residents.
  3. Mother and father or guardians of U.S. residents or authorized everlasting residents (offered that the U.S. citizen or authorized everlasting resident is single and beneath the age of 21).
  4. Siblings of US residents or authorized everlasting residents (offered the international sibling is single and beneath 21 years of age).
  5. Any international nationwide who’s a toddler, foster baby, or ward of a U.S. citizen or authorized everlasting resident, or who’s a potential adopter who needs to enter the US.

There are additional very particular exceptions within the order, however the overwhelming majority of international nationals who’re eligible for exceptions will fall into one of many 5 numbered classes above, together with many Dorsey purchasers.

Nonetheless, most international nationals based mostly in (or at the moment visiting) any of the 26 Schengen international locations, the UK, Eire, Brazil or South Africa making an attempt to go to the US on a B-1 enterprise or B-2 vacationer visa will likely be affected. Equally, international nationals on work visas with out household ties to US residents or inexperienced card holders will likely be topic to the restrictions. The processing of immigrant visas is suspended

These restrictions largely proceed the coverage of the outgoing Trump administration and could be anticipated to disrupt straightforward journey between Europe, Brazil, South Africa and the US for the foreseeable future.

The restrictions that apply to European international locations and Brazil entered into pressure on January 26, 2021. The restrictions that apply to South Africa enter into pressure at 12:01 Japanese normal time on Saturday, January 30, 2021. All restrictions stay indefinite, topic to common revaluation each 30 days by the Secretary for Well being and Human Companies.

Affected individuals touring from South Africa ought to think about returning to the US earlier than the ban enters into pressure. Overseas nationals touring on flights departing from South Africa earlier than time of implementation however arriving in the US after the time of implementation comes could enter the US. These attempting to return to the US earlier than the ban is carried out ought to anticipate massive will increase in airfare, airport issues and vital journey delays, as there are prone to be many who attempt to squeeze in earlier than the door closes.

Within the particular case of American employers who’ve European, Brazilian or South African staff at the moment in the US quickly (both on a B-1 visa or ESTA), or who’ve European, Brazilian or South African staff who commonly journey between the US and their house nation, Dorsey recommends that the employer search authorized recommendation to discover options.

Lastly, notice that:

  1. As with earlier coronavirus-related journey bans, enforcement is on the outset, ie. in Europe, Brazil or South Africa earlier than international nationals board plane. Which means airways will proceed to be the first mechanism for implementing the restrictions.
  2. Overseas nationals making an attempt to bypass journey restrictions by fraud, willful misrepresentation of a vital reality or unlawful entry will likely be thought-about a precedence for the elimination of the US Division of Homeland Safety and could also be open to additional sanctions or repercussions, together with potential bars to US journey sooner or later.

Dorsey Traveler Suggestions:

  • Restrictions on journey issued in January and February 2020 that impede vacationers from the Folks’s Republic of China and Iran nonetheless apply. All vacationers who’ve left these international locations within the final 14 days won’t be able to journey to the US.
  • Whereas airways and transport officers have now gained expertise in implementing the fundamental framework for this journey ban, vacationers ought to nonetheless anticipate delays, confusion and potential uneven utility. Be ready for setbacks and keep calm.
  • For international nationals who qualify for any of the exemptions above, journey with documentation of your exemption. For instance, if you’re eligible for an exemption based mostly on a toddler with a U.S. citizen, you need to ideally journey with a duplicate of your U.S. citizen’s beginning certificates and passport. For exceptions based mostly on marriage, deliver copies of your marriage certificates and partner’s passport if potential. Make sure that your essential paperwork are accompanied by English translations.
  • Be proactive. Perceive if the restrictions apply to you and be sure you doc your journey and itinerary.
  • In the event you is topic to journey restrictions, you need to wait 14 days outdoors the restricted nation earlier than making an attempt to enter the US. Don’t depend part-days towards the 14-day requirement; usually, part-days are usually not counted in an immigration / customs context. Be ready to doc 14 days outdoors the restricted nation, use visa exit and entry stamps, resort and / or lodging receipts, meal receipts and different documentation to ascertain that you’ve been outdoors the restricted nation for not less than 14 days.
  • Watch out. Within the present immigration and customs setting, US immigration and customs officers are more and more centered on enforcement. In an unstable, unsure and quickly altering scenario like this, go on the facet of warning. Penalties for non-compliance with immigration laws could be extreme and lifelong, together with a everlasting barrier to entry into the US. Whereas that is unlikely, you need to fastidiously weigh the short-term problem of a 14-day wait towards the potential lifetime dangers of non-compliance.

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