Customs and Border Protection (CBP) Issues Guidance on COVID-Related Presidential Proclamation Exemptions

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CBP’s Carrier Liaison Program issued guidance clarifying who is exempt from COVID-related Presidential Proclamations 9984, 9992, 10143, and 10199. This guidance consolidates existing information about all the exemptions currently available to travelers; it does not contain any new exemptions or restrictions.

Presidential Proclamation Exemptions of Certain Persons Who Pose a Risk of Transmitting Coronavirus Disease:

  • The President of the United States signed various Presidential Proclamations titled: “Proclamation on the Suspension of Entry as Non-Immigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019.”

  • This guidance clarifies exemption categories to Presidential Proclamations 9984 (China), 9992 (Iran), 10143 (Schengen Area, United Kingdom, Republic of Ireland, Brazil, and Republic of South Africa) and 10199 (India).

  • This guidance is a consolidation of all exemptions currently available to travelers and does not contain any new exemptions or restrictions.

  • The suspension of entry under the Proclamation does not apply to:
    o United States citizens (USCs), spouses of USCs, and children of USCs.
    o Lawful Permanent Residents (LPR), spouses of LPRs, and children of LPRs.
    o Siblings of USCs or LPRs, provided that both are unmarried and under the age of 21.
    o Parent or legal guardian of a USC or LPR, provided that the U.S. citizen or lawful permanent

    resident is unmarried and under the age of 21.
    o Child of USC or LPR that is a ward, stepchild, or prospective adoptee.
    o A-1, A-2, C-2, C-3, E-1 (as an employee of TECRO or the employee’s immediate family members),

    G-1, G-2, G-3, G-4, NATO-1 through NATO-4, or NATO-6 visas. o U.S. Armed Forces members, spouses, and children.
    o National Interest Exemption waiver holders.

    Crew

    • All crew maritime/air are exempt. This may include visa holders of C1/D, B1, H1 and L1 if they are in one

      of the following categories: o Cargo only flights o Deadheading crew o Lightering

      o Outer Continental Shelf (OCS) activity o Wind farm activity
      o Private air/sea crew

    • Crew must be meeting a flight or vessel in the U.S. to be exempt under the Proclamation.

Carrier Liaison Program

June 7, 2021

Students

  • Students subject to geographic Proclamations due to their presence in the U.K., Ireland and Schengen Area

    have a blanket waiver.

  • Students subject to geographic COVID Proclamations due to their presence in China, Iran, Brazil, South

    Africa, or India, may qualify for a National Interest Exception only if their academic program begins August 1, 2021 or later.

Publication No. 1475-0621

AILA Doc. No. 21060938. (Posted 6/9/21)

  • Students with valid F-1 and M-1 visas intending to begin or continue an academic program commencing August 1, 2021 or later do not need to contact an embassy or consulate to seek an individual National Interest Exception to travel.

  • Students may enter the United States no earlier than 30 days before the start of their academic studies.

    Immigrant and K-1 Visas
    • All immigrant visa (regardless of class) and K-1, K-2, K-3, and K-4 visa holders have a blanket waiver. • All immigrant visas that were issued in September 2020 remain valid for travel even if they are facially

    expired.
    J Visa Holders

• Exempted J-visa holders will have a National Interest Exemption waiver. E Visa Holders

• Exempted investors and treaty-traders will have a National Interest Exemption waiver. Athletes

• Exempted athletes will have a National Interest Exemption waiver.

Carriers are advised to take measures to ensure compliance with the terms of the Proclamations and the Federal Register notices. Any questions concerning the scope or implementation of the Proclamations and the Federal Register notices, including the authorization for any noncitizen to board an aircraft or otherwise travel to the United States to seek admission, should be directed to the appropriate Regional Carrier Liaison Group or other designated CBP official for adjudication prior to aircraft departure.