What Indian and Chinese students must know about the US travel ban

Update 11/3/2021: The travel ban based on geographics was lifted. Please read the following article for the most recent update: 2022 vaccine requirements and electronic I-20 for internationals

Update 7/8/2021: According to the announcement from the U.S. Department of State (DOS) on July 6, 2021, “existing NIEs will be valid for 12 months from the date of approval and for multiple entries, as long as they are used for the purpose indicated in the approved NIE.

Due to the uprising COVID cases in India, President Biden signed another US travel ban policy on April 30, 2021, that bars the entry of nonimmigrant visa holder Indians. This proclamation is going to be effective from today (May 4th) at 12:01 a.m. EST. This proclamation has made many Indians worry especially those who need to enter the U.S. in the near future like students and exchange visitors.

This proclamation is effective at 12:01 a.m. eastern daylight time on May 4, 2021. This proclamation does not apply to persons aboard a flight scheduled to arrive in the United States that departed prior to 12:01 a.m. eastern daylight time on May 4, 2021.

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

Similarly, there are many nationals including Chinese, whose entry has been prohibited if they were physically present in certain countries during the 14-day period prior to the travel date. The entire list as of today (Mary 4th) can be found below.

However, if you are an international student who is studying in the United States, you don’t have to worry too much about the geographic COVID-19 proclamations as you can be eligible for the National Interest Exception (NIE) policy. But how about if your parents or relatives were planning to visit you to attend your graduation ceremony or your wedding? In addition, what are the things that students should keep in mind when they arrange future flights?

In this blog post, current COVID-19 geographic proclamations, NIE policy, and case studies regarding the recent travel ban will be introduced. Nationals from the covered countries including India and China will be able to understand how the proclamation impacts them and exception eligibilities.

Contents

• The COVID-19 Geographic Proclamations Currently in Effect
• National Interest Exception (NIE) policy
• Case studies

The COVID-19 Geographic Proclamations Currently in Effect

One of the biggest International Education associations in the nation, NAFSA: Association of International Educators, well summarized the proclamations on their COVID-19 Restrictions on U.S. Visas and Entry webpage. Below is the summary of the proclamations and covered countries:

1. Proclamation 9984 of January 31, 2020: Covers China
2. Proclamation 9992 of February 29, 2020: Covers Iran
3. Proclamation 10143 of January 25, 2021: Covers
   • South Africa
   • The European Schengen Area
   • The United Kingdom and the Republic of Ireland
   • Brazil
4. Proclamation of April 30, 2021: Covers India

To reiterate, nonimmigrant travelers who were physically present in these covered countries during the 14-day period prior to the travel date are prohibited to enter the U.S. as of May 4, 2021. To check the updated list of travel ban countries, you can visit the NAFSA’s webpage titled COVID-19 Restrictions on U.S. Visas and Entry.

Please note that immigrants, U.S. citizens, and lawful permanent residents (LPR) are not subject to the proclamation. Some other exceptions are as below and the full list of exempted individuals can be found in the White Houses’ A Proclamation on the Suspension of Entry as Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019.

Some other exceptions include, but are not limited to: foreign diplomats traveling to the United States on A or G visas and certain family members of U.S. citizens or lawful permanent residents including spouses, minor children, parents (provided that his/her U.S. citizen or lawful permanent resident child is unmarried and under the age of 21), and siblings (provided that both the sibling and the U.S. citizen or lawful permanent resident are unmarried and under the age of 21).  There is also an exception for air and sea crew traveling to the United States on C, D, or C1/D visas.

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

National Interest Exception (NIE) policy

According to Travel.State.Gov, the Secretary of State approved exceptions for the following individuals, who are “in the national interest…including those subject to restrictions under this Proclamation”:

• Immigrants
• Fiancé(e)s
• Students and certain academics covered by exchange visitor programs: Go to the next paragraphs for more details
• Certain exchange visitors: Go to the next paragraphs for more details
• 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.
• 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.

Students

Update (6/3/2021): Per May 27, 2021 statement, students who were present in the Schengen Area, United Kingdom, and Ireland are not subject to the “August 1 condition.” These students are subject to a “no earlier than 30 days before the start of their academic studies” condition. Qualifying students will automatically be considered for NIE policy.

On the other hand, students who have been present in Brazil, China, India, Iran, or South Africa are eligible for the NIE policy only when the programs begin on or after August 1, 2021. Here, the program begin date can be interpreted as Fall semester start date according to the NAFSA conference which took place on June 3, 2021. For OPT students, it can be OPT start date.

It is worth noting that students can only be subjected to the NIE (National Interest Exception), if the semester starts on and after August 1, 2021. Qualified F-1 and M-1 students are automatically “be considered for a national interest exception to travel,” so they don’t need to contact their embassies or consulates.

The immigration requirements say that returning students may enter the U.S. anytime before the semester start date, unlike new students who should enter the U.S. no earlier than 30 days from the academic program start date (Click the related blog post for more information regarding the reentry documents and regulations for returning students).

However, the NIE policy says that students “may enter the United States no earlier than 30 days before the start of their academic studies.”

The bottom line appears that student visa holders from the covered countries by proclamations should check their semester start date for Fall 2021 intake to make sure that it begins on August 1, 2021 and later. If they are qualified for NIE exceptions, no further actions needed to seek the NIE exceptions but need to arrange flights no earlier than 30 days from the academic program start date.

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. Students with valid F-1 and M-1 visas intending to begin or continue an academic program commencing August 1, 2021 or later do not need to contact an embassy or consulate to seek an individual National Interest Exception to travel. They may enter the United States no earlier than 30 days before the start of their academic studies. Students seeking to apply for new F-1 or M-1 visas should check the status of visa services at the nearest embassy or consulate; those applicants who are found to be otherwise qualified for an F-1 or M-1 visa will automatically be considered for a national interest exception to travel.

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

Related blog post: 2020 Student visa reentry required documents

Exchange students

Update (6/3/2021): DOS’s Bridge USA updated their webpage titled Exchange Visitor Program Information on Coronavirus (COVID-19) and added the following message: “Note: Students and certain academic exchange visitors who have been present in South Africa, India, Iran, China, or Brazil, and are traveling in the following categories are eligible for NIEs only for academic programs starting August 1, 2021 or later: College and University Student, Research Scholar, Short Terms Scholar, Specialist, Professor, and Secondary School Student.” Eligible J-1 students should reach out to the embassy asking for the NIE application. Please read the quote below from the May 27, 2021 guidance.

Travelers subject to these proclamations due to their presence in China, Iran, India, Brazil, South Africa, the Schengen area, the United Kingdom, and Ireland, who are…students and certain academics covered by exchange visitor programs…may now qualify for a National Interest Exception (NIE).

…

Travelers in categories described above who have a valid visa in the appropriate class…should contact the nearest U.S. embassy or consulate before traveling, if they believe they may qualify for a National Interest Exception.  If a NIE is approved, they may travel on either a valid visa…Each approved NIE is valid for 30 days and a single trip to the United States. 

May 27, 2021 statement

Among the full list of exchange visitors who can seek the NIE, J-1 exchange students who are from the university that has an agreement or MOU with the U.S. colleges and universities are also eligible for NIE. If you are admitted by your partner university in the U.S. that means your school has a partnership with the U.S. college, therefore, you can seek the exception.

It is also a good practice to confirm your travel eligibility by inquiring International Student Advisor at the U.S. colleges and universities that you are planning to participate in the exchange program.

Travel for an exchange program conducted pursuant to an MOU, Statement of Intent, or other valid agreement or arrangement between a foreign government and any federal, state, or local government entity in the United States that is designed to promote U.S. national interests if the agreement or arrangement with the foreign government was in effect prior to June 24, 2020.

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

Case studies

Individuals who are not subject to the NIE policy cannot travel to the U.S. per the aforementioned US travel ban proclamations. Therefore, May 2021 graduates who were planning to invite their parents or families over to the U.S. would not be able to do so, unless they are eligible for other visa categories that are exempted from the travel ban.

Hope covid cases decrease in India as soon as possible so that international students and parents can travel freely in the near future. To see all the COVID-related news for international students, go to the F-1 visa info page. For OPT policies impacted by COVID-19 and STEM OPT policies, visit each page by clicking the links.