With travel and immigration rules continuously changing with the situation of pandemic, there is a lot of anxiety whether Indian students will be allowed to travel to the US to pursue their education for the academic year 2021-2022.
In this article we will describe the current situation and address some questions regarding travel to the U.S.
1. Can F-1 students outside the U.S. obtain a visa to study in the U.S. for the 2021-2022 academic year?
Whether an individual is eligible to receive an F-1 visa is a decision that must be made by the U.S. Department of State (DOS) through its consulates and embassies. It is not a decision made by the U.S. Immigration and Customs Enforcement (ICE) under the Student and Exchange Visitor Program (SEVP).
However, ICE has announced that for the 2021-2022 school year it would continue to follow guidance originally issued in March 2020 that allows international students to take more online classes than normal. The guidance confirms that students in new or initial status who are outside the U.S. may not enter the country if their program of study will be 100% online.
To be eligible to enter the U.S. in initial status, the student’s program of study must be a hybrid program with some in-person learning requirement. Students who are already in the U.S. in F-1 status may remain in the country even if their program is fully online.
This would be relevant even for students who are switching graduate levels and will start a new course of study in 2021-2022. Students, before applying for their visa, should visit https://www.ice.gov/coronavirus for more information about ICE’s original guidance and updates. Once consular services resume in India, new student may be issued a visa to study in the U.S. if their program of study is a hybrid program with some in-person learning requirement.
2. How do the newly introduced restrictions for travelers from India affect students?
Students should monitor the situation regarding the travel ban that the Biden administration announced on April 30, 2021 (the Biden Proclamation), which restricts travel from India from May 4, 2021 onwards, except for some exempt categories.
Individuals who are exempt may seek an expedited appointment. The travel restrictions from India are in addition to the continuing COVID-19 related travel bans and/or restrictions between the U.S. and Canada, the U.K., Schengen countries (in the European Union) and South Africa (restricted countries).
Please note that the restrictions apply to those who have physically been in India within 14 days of arrival in the U.S. Individuals who have a visa and have not been in India or one of the other restricted countries for 14 days prior to arrival in the U.S., may be allowed into the country. New students seeking an F-1 visa are not exempt from this ban. The Biden Proclamation remains in effect until terminated by the President. Additionally, the U.S. Secretary of Health and Human Services shall, as circumstances warrant and no more than 30 days from the date of the proclamation and by the last day of each month, recommend whether the President should continue, modify or terminate the proclamation.
The restrictions under the Biden Proclamation will not apply to U.S. citizens, lawful permanent residents, or individuals with certain relationships to U.S. citizens or lawful permanent residents.
3. Is there a way to enter the U.S. as a student even if you reside in India?
If you have been in any of the restricted countries, including India, you may travel to the U.S. after spending at least 14 days in an unrestricted country. However, if you do not have a student visa you must first procure one in India as you reside there.
4. I am an Indian national, have an F-1 visa since 2020 and have been in Dubai since March 15, 2021. Am I subject to the ban?
If you were physically present in India (or in any of the countries subject to travel bans as per earlier proclamations) within 14 days prior to your arrival into the U.S. you cannot enter the country because of the Biden Proclamation. In your circumstances, since you have not been in India or any other restricted country for the past two weeks you would be exempt from the ban. Please check with the airline carrier before making travel arrangements as they have specific restrictions and requirements. Also, you will need test results, from a sample taken within 72 hours of travel, to show that you are COVID free. Airlines carrying passengers to the U.S. are prohibited from boarding you without this test.
5. I am an Indian national and have been in the United Arab Emirates for the past 30 days. I also have a Student visa to begin studying in the U.S. in July 2021. Do I need to be concerned about travel restrictions?
In addition to the travel ban and COVID-19 test results discussed in this article you must check airline specific requirements. Some airlines have restricted carriage to U.S. citizens and their immediate family, i.e. spouse and children. Also, you should consider the risk of getting stuck in a third country, if you decide to use an airline carrier with a stopover due to unexpected circumstances like a new wave of COVID-19 cases, sudden country lock down, a change in U.S. policies etc. A direct flight from your point of departure to the U.S. may be the safest option.
6. Do I need to be vaccinated against COVID-19 to enter the U.S.?
No, you do not have to be vaccinated to enter the U.S. However, since January 26, 2021, all airline passengers entering the U.S. must present a negative COVID-19 test (a viral detection test for SARS-CoV-2 approved or authorized by the relevant national authority), taken within 72 hours of departure. Airlines are required to confirm the negative test result for all passengers before boarding and will deny boarding of passengers if they do not provide documentation of a negative test or recovery. This requirement is separate from the visa application process.
7. When can I apply for my Student visa?
Under normal circumstances an F-1 student applicant is encouraged to apply for his/her non-immigrant student visa as soon as the Form I-20 and admission acceptance is received from the university. To ensure one gets an early and timely date, the applicant may apply at any time. However, a student visa may be issued for travel no earlier than 120 days prior to the start date mentioned on Form I-20. However, as per the public announcements made by the U.S. embassy and its consulates in India almost all visa and related services at all locations have been suspended until further notice.
8. My college starts in September 2021, but I have a visa appointment for February 2022. What should I do?
The system to book U.S. visa appointments in India seems currently to be under a lot of pressure. It is best to book whatever appointment is available and then follow instructions to request an expedited appointment when consular services open again. Also, do note that student visa applicants are going to be considered on a priority basis.
With inputs from Manizeh Mistry, Deputy Head – U.S. and Global Immigration at LawQuest
The author’s views do not necessarily represent the views of ET Online nor do they constitute legal advice or representation. Practice tips provided in the written materials are based on the author’s experiences and the current state of the law and regulations. Please be sure to conduct legal research and analysis, or engage independent counsel for your unique situation as the law and requirements change quickly and the author’s experiences may differ from your own.
