Executive Summary: A new Presidential Proclamation prohibits foreign nationals from entering the United States if they have been physically present in Europe within 14 days, because of the risk of transmitting the novel coronavirus. This Proclamation echoes the Proclamations issued in January and February restricting entry of foreign nationals coming from China and Iran, which remain in effect.
Background
The Proclamation states that the U.S. Government cannot effectively evaluate and monitor all of the travelers arriving from Europe, and that undetected infected individuals could threaten national security. The travel ban applies to most foreign nationals who, in the prior 14 days, have been in the Schengen Area, which comprises Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland. It does not include the United Kingdom, though it could be expanded later.
This Proclamation is similar to Proclamation 9984 issued on January 31, 2020, restricting travel from China, and Proclamation 9992, issued February 29, 2020, restricting travel from Iran.
Who is impacted by the new travel ban?
Travelers who have been present in the Schengen Area may enter the United States only if they are on flights that depart before 11:59 pm EDT on March 13. It will remain in effect until terminated by the President.
The travel ban applies widely based on travel history, not just to citizens of the named countries. The following categories of people are not subject to the ban:
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U.S. citizens;
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Lawful permanent residents (“green card” holders);
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Spouses of U.S. citizens and lawful permanent residents;
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Parents or legal guardians of an unmarried U.S. citizen or lawful permanent resident under the age of 21;
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Siblings of a U.S. citizen or lawful permanent resident, provided they are both under 21;
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Children or wards of a U.S. citizen or lawful permanent resident, or prospective adoptees seeking to enter the United States on an IR-4 or IH-4 visa;
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Anyone traveling at the invitation of the U.S. government for a purpose related to containment or mitigation of the COVID-19 virus;
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Foreign air or sea crewmembers;
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Certain foreign nationals who hold A, C, E-1 (TECRO or TECO), G, and NATO visas;
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Any foreign national whose entry would not pose a risk of transmitting the virus as determined by the CDC;
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Any foreign national whose entry would further important U.S. law enforcement objectives;
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Any foreign national whose entry would be in the national interest; and
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Members of the U.S. armed forces and their spouses and children.
Travelers not subject to the ban may still be required to undergo special screening or other extraordinary measures upon arrival to the U.S. after physical presence in Europe.
The government has not yet clarified how one would demonstrate eligibility for an exception. Someone entering on the basis of a familial relationship to a U.S. citizen or lawful permanent resident should be prepared to document that relationship.
What to Expect
While implementation policies have not yet been released, this Proclamation will impact multiple aspects of immigration and travel for foreign nationals wishing to enter the United States.
The State Department, the Department of Transportation, and the Department of Homeland Security are charged with ensuring that no foreign national subject to the travel ban boards an aircraft traveling to the United States. The Secretary of Homeland Security may establish new procedures for all U.S. ports of entry. The travel ban will very likely impact visa adjudication as well. The Proclamation warns that any alien who circumvents the travel ban through fraud, willful misrepresentation of a material fact, or illegal entry will be a priority for removal (deportation).
Employers' Bottom Line
If you need assistance in understanding how coronavirus-related travel bans impact your company or have other business immigration questions, please contact Geetha Adinata, gadinata@fordharrison.com, Charlie Roach, croach@fordharrison.com, in FordHarrison's Business Immigration practice group. You may also contact the FordHarrison attorney with whom you usually work.
FordHarrison has developed a Coronavirus Taskforce to help employers proactively combat workplace-related issues while remaining in compliance with federal, state and local employment laws.