On November 26, 2021, President Biden announced a new COVID-19 public health travel ban from Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, and Zimbabwe in response to the Omicron Variant.

Effective November 29, 2021, at 12:01 am EST, foreign nationals who have been physically present in any of the above-mentioned countries within 14 days of travel to the U.S. will be barred from entry with the exception of the following:

• U.S. citizens and nationals;
• U.S. lawful permanent residents;
• Spouses of U.S. citizens and lawful permanent residents;
• A foreign national parent or legal guardian of an unmarried U.S. citizen or lawful permanent resident under the age of 21;
• A foreign national sibling of a U.S. citizen of lawful permanent resident, provided they are both unmarried and under the age of 21;
• A foreign national child, foster child or ward of a U.S. citizen of lawful permanent resident, or a prospective adoptee with IR-4 or IH-4 visa;
• A foreign national who has been invited by the U.S. government for a purpose related to containment or mitigation of the COVID-19 virus;
• A foreign air or sea crewmember;
• Certain A, C, E-1 (TECRO or TECO employees), G and NATO nonimmigrants within the scope of section 11 of the UN Headquarters Agreement;
• A foreign national whose entry would further important U.S. law enforcement objectives;
• A foreign national whose entry would be in the national interest; and,
• Members of the U.S. armed forces and their spouses and children.

Exempt individuals must comply with the existing vaccination and testing requirement.

The CDC website provides updated information regarding testing and vaccine requirements.  The U.S. will accept vaccines that are FDA approved or authorized as well as those that are on the WHO’s emergency use list.

MT Perspective:

The Department of State has not issued guidance how to apply for the “National Interest Exception” to obtain a waiver for the travel ban.

As of November 29, 2021, it is unclear whether the criteria and standards for the previous regional travel bans will apply. It is also unclear whether the Department of State will issue a visa even if the foreign national is subject to the ban and has not been granted a waiver.

MT is closely monitoring the COVID-19 travel ban and restrictions and will continue to provide updates.