With immigration rules constantly changing with the pandemic situation, it is difficult to keep up to date with it all.

I understand that F-1 students with visas and a program start date of August 1, 2021 or later may travel to the U.S. and would not be subject to the U.S. travel ban on certain travellers who have been in India prior to their arrival in the U.S. Are dependent, F-2 visa holders also not subject to the ban?
That is correct, travellers who already possess a valid student or exchange visitor (F or M) visa and who will begin their programs on or after August 1, 2021, may travel to the United States without further action from the Embassy or Consulates in India. Direct travel to the United States from India with a F or M visa may begin no more than30 days prior to the start date of a student’s classes.

If your dependent has an F-2 visa she is exempt from the travel ban provided your course of study is longer than four weeks. She should contact the Consulate or Embassy that has jurisdiction over her to procure an National Interest Exception (NIE). However, getting a visa at this juncture is a challenge because U.S. Consulates and the Embassy in India are only offering emergency services and most non-immigrant visa applications are not considered an emergency.

My U.S. college term begins in September 2021. However, I need to apply for a visa – is it possible to get one in time for the start date?
Luckily, students who have not yet applied for their visa are going to be considered for a National Interest Exception at the time of their interview if needed. However, due to safety concerns, the U.S. Embassy and Consulates in India are currently accepting only emergency appointments. My advice is to book the first available appointment and then follow the instructions on the Consulate/Embassy website and request an earlier date based on the Department of State‘s announcement that students would be considered for a national interest exception.

I have a valid H-1B visa and have been stuck in India due to the specific ban on travellers from India. I work as an Architect (Information Technology) and will be rendering services to a leading insurance company in the U.S. and believe that my work will have a direct impact on the local people and the U.S. economy. Am I subject to the travel ban?
Travellers who are seeking to provide vital support for critical infrastructure sectors or directly linked to supply chains.

If you think you qualify for an NIE, you must contact the Consulate or Embassy in your jurisdiction to procure a National Interest Exception (NIE).

Please note that nonimmigrant visa holders (including H-1B holders), who are not subject to travel ban based on their familial relationship to a U.S. citizen or LPR spouse or unmarried minor child, do not need an NIE. Such travelers should present proof of the qualifying relationship to airline officials when initiating travel to the United States.

Are J-1 visa holders going to the U.S. subject to the India specific travel ban? If I don’t have a visa, can I apply for one and get a National Interest Exception (NIE)?
J-1 exchange visitors and their dependents traveling as Professors, Research Scholars, Short Term Scholars, or Specialists may apply for an NIE if:

• Travel is 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.
• Travel is by interns and trainees on U.S. government agency-sponsored programs (those with a program number beginning with “G-3” on Form DS-2019): An exchange visitor participating in an exchange visitor program in which he or she will be hosted by a U.S. government agency and the program supports the immediate and continued economic recovery of the United States.
• Travel is by specialized teachers in accredited educational institutions with a program number beginning with “G-5” on Form DS-2019: An exchange visitor participating in an exchange program in which he or she will teach full-time, including a substantial portion that is in person, in a publicly or privately operated primary or secondary accredited educational institution where the applicant demonstrates ability to make a specialized contribution to the education of students in the United States. A “specialized teacher” applicant must demonstrate native or near-native foreign language proficiency and the ability to teach his/her assigned subject(s) in that language.
• Travel is in support of critical foreign policy objectives: This only includes exchange visitors participating in a small number of exchange programs that fulfill critical and time-sensitive foreign policy objectives.

Can one travel to the U.S. on B1/B2 (visitor visa) visa in June? If yes, do we need to obtain NIE and how does one do this in New Delhi? If I don’t have a visa, can I apply for one and get a National Interest Exception (NIE)?
B-1/B-2 visa holders are subject to the India specific travel ban unless they are granted a national interest exception or NIE. The U.S. continues to grant NIEs for travel related to humanitarian travel, public health response, and national security.

Visa holders with definite plans to travel who can demonstrate qualification for an NIE should contact the Embassy or Consulate to request a national interest exception prior to travel. The relevant email address for New Delhi is NewDelhiNIE@state.gov.

I have an L-1 visa and I came to India for a short visit and am now subject to the India specific travel ban. How long does this ban remain effective?
L-1 holders are subject to the India specific travel ban unless they are granted a national interest exception or NIE. The U.S. continues to grant NIEs for travel related to humanitarian travel, public health response, and national security.

Visa holders with definite plans to travel who can demonstrate qualification for an NIE should contact the Embassy or Consulate to request a national interest exception prior to travel.

The travel ban took effect on May 4, 2021 and is in effect for 30 days at the end of which the government will review the situation and generally speaking they will do one of three things: (1) announce an extension, (2) lift the ban, or (3) modify it.

Poorvi Chothani, Managing partner, 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.

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