New Travel Restrictions Into the U.S. Take Effect Today

Parker Poe Adams & Bernstein LLP

Parker Poe Adams & Bernstein LLP

Several new travel restrictions impacting business immigration are now in effect.

As of 12:01 a.m. EST today, the Centers for Disease Control and Prevention require all passengers flying into the United States to show a negative COVID-19 test or proof of recovering from the coronavirus within the last 90 days. The COVID-19 test needs to have been taken within three calendar days of the flight’s departure.

In addition, yesterday President Joe Biden issued anticipated restrictions on travel from the 26 Schengen Area countries in Europe, the United Kingdom, Ireland, and Brazil. The restrictions essentially reinstate the previous travel restrictions that former President Donald Trump had said would be terminated today. Biden also added South Africa to the list of restricted countries. The previous travel restrictions with respect to China and Iran issued by Trump remain in place as well.

Biden's proclamation took effect at 12:01 a.m. EST today except with respect to the restrictions for South Africa, which will take effect at 12:01 a.m. EST on Saturday. As with the previous presidential proclamations, the restrictions apply to all immigrants and nonimmigrants who were physically present within one of the restricted areas during the 14-day period preceding their entry or attempted entry.

The proclamation also includes a list of exceptions, including certain qualifying travelers who may be traveling in the national interest. Considering these reinstated travel restrictions along with the negative COVID-19 testing requirements and possible quarantine restrictions, any business travel into the United States should be considered on a case-by-case basis.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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