Presidential Proclamation regarding Omicron

Effective December 31, 2021 the White House plans to lift Proclamation 10315 (issued November 26, 2021), which suspended and limited travel for certain immigrants and nonimmigrants who were physically in eight African nations due to the rise in Covid-19 Omicron variant. This Proclamation will lift the travel restrictions, the Covid-19 vaccination requirements under Proclamation 10294 will continue to be implemented and the related travel requirements set forth by the Center for Disease Control and Prevention.

The Proclamation 10315 implementing travel restrictions covered eight African nations, including:

• Republic of Botswana
• Kingdom of Eswatini
• Kingdom of Lesotho
• Republic of Malawi
• Republic of Mozambique
• Republic of Namibia
• Republic of South Africa
• Republic of Zimbabwe

However, some individuals were NOT included in the Proclamation. These individuals include the following:

• Any lawful permanent resident of the United States.
• Any noncitizen national of the United States.
• Spouses of U.S. citizens or LPRs.
• Parents of U.S. citizens or LPRs that are unmarried and under the age of 21.
• Siblings of U.S. citizens or LPRs, provided that both are unmarried and under the age of 21.
• Any noncitizen who is the child, foster child, or ward of a U.S. citizen or lawful permanent resident, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications.
• Air or sea crew members traveling on C-1, D, or C-1/D nonimmigrant visas.¹
• Any noncitizen traveling at the invitation of the U.S. government for purposes relating to containing or mitigating the COVID-19 virus.
• Any noncitizens who are:
  
  • seeking entry pursuant to the following visa classifications: 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, G-3, G-4, NATO-1 through NATO-4, or NATO-6 (or seeking to enter as a nonimmigrant in one of those NATO classifications), or
  • whose travel falls within section 11 of the United Nations Headquarters Agreement.
• Any noncitizen who is a member of the U.S. Armed Forces, or a spouse of child of a member.
• Any noncitizen whose entry would further important U.S. law enforcement objectives.
• Any noncitizen whose entry would be considered in the national interest, as determined by the Secretaries of State and Homeland Security.

However, individuals qualifying for the exception of Proclamation 10315 may still be subject to an entry suspension or restriction depending on Covid-19 vaccination requirements.

For More Information:

View the Presidential Proclamation 10315 here.

This blog post does not serve as legal advice and does not establish any client-attorney privilege. Do not take any action based on the information contained in this post without consulting a qualified immigration attorney. If you have any questions, please do not hesitate to contact our legal team directly.

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