Just weeks after announcing new travel policies and lifting previous extensive COVID-19 travel restrictions, President Biden signed an Executive Order banning most travelers from eight countries in southern Africa in response to the ongoing national emergency caused by the newly emergent Omicron variant of the COVID-19 virus to “protect public health.” Effective November 29, 2021, noncitizens of the United States who were physically present within “the Republic of Botswana, the Kingdom of Eswatini, the Kingdom of Lesotho, the Republic of Malawi, the Republic of Mozambique, the Republic of Namibia, the Republic of South Africa, and the Republic of Zimbabwe during the 14-day period preceding their entry or attempted entry into the United States” are not eligible to be issued a U.S. visa or be admitted to the United States.
The executive order does not apply to U.S. Citizens. Nor does it apply to certain noncitizens, including:
Lawful permanent residents (“LPR”);
Any noncitizen who is the spouse of a US citizen or LPR;
Any noncitizen who is the parent or legal guardian of a US citizen or LPR, provided that the US citizen or LPR is unmarried and under the age of 21 years;
Any noncitizen who is the sibling of a US citizen or LPR, provided that both are unmarried and under the age of 21 years;
Any noncitizen who is the child, foster child, or ward of a US citizen or LPR, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications;
Any noncitizen traveling at the invitation of the United States Government for a purpose related to containment or mitigation of the virus;
Any non-citizen traveling as a nonimmigrant pursuant to a C-1, D, or C-1/D nonimmigrant visa as a crewmember or any non-citizen otherwise traveling to the United States as air or sea crew holding B, L, or H nonimmigrant visas. Crew must be meeting a vessel in the US;
Any noncitizen who is seeking entry into or transiting the United States pursuant to an 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, G3, G-4, NATO-1 through NATO-4, or NATO-6 ( or seeking to enter as a nonimmigrant in one of those NATO categories; and whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement;
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;
Any noncitizen whose entry would further impact 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; and
Any noncitizen or group of noncitizens whose entry would be in the national interest.
Those who qualify for exceptions to the travel ban are still required to comply with new vaccination and testing requirements that became effective for international air travel on November 8, 2021. To date similar bans on travel from southern Africa have been instituted by the European Union, the United Kingdom, Australia, and Canada as a result of the newly detected Omicron variant. It has been reported that as of December 5, 2021, “cases of the recently detected coronavirus variant omicron have been identified in over 40 countries and 17 states.”
Given the rapid spread of the Omicron variant of COVID-19, the Centers for Disease Control (“CDC”) has also amended its testing requirements for air passengers traveling to the US from international destinations. As of December 6, 2021, all inbound international airline passengers, including US Citizens and Lawful Permanent Residents, ages two and older are required to submit a negative COVID test taken within one day of travel to the United States, in order to board their flight.
We will continue to monitor the situation and will keep you updated on any new travel restrictions as they are implemented.
UPDATE DECEMBER 28, 2021: On December 24, 2021, White House spokesman, Kevin Munoz, announced on twitter that President Biden will be lifting the ban on travel from Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, and Zimbabwe effective December 31, 2021 at 12:01 am (ET).
The decision to terminate the ban is on the recommendation of the Centers for Disease Control (“CDC”). Mr. Munoz said “the temporary travel bans bought scientists necessary time to study the new virus variant and conclude that the current vaccinations are effective in blunting its impact.”
Although these travel restrictions will soon be lifted, travelers will still be subject to travel restrictions previously announced including providing proof of vaccination and submission of a negative COVID-19 test taken within one day of travel to the US in order to board a US bound flight.