A federal judge agreed with a lawsuit claiming it is illegal of stopping issuing visas due to travel bans. The ruling states it is unlawful for the State Department to use travel bans as the basis for not processing visas for travelers who are otherwise eligible.
Travel bans have been in place, and are ongoing for most of the world, for travel to the U.S. due to the Covid pandemic. These bans limit solely non-citizens from entering the U.S., with some exceptions like the National Interest Exemption (NIE) and a few others. Those with lawful permanent residence status have travel capabilities.
The travel bans include non-qualifying individuals from several countries, including India, China, Brazil, South Africa, the United Kingdom and Ireland, the Schengen Area, and others. The China ban has been in place since early 2020 and is the longest-running travel ban. As such, individuals from China are affected the most. Individuals who are employees of American companies in the technology and STEM fields have been hit the hardest. Indian technology workers who returned to their origin country to care for their families during the widespread COVID outbreak caused by the Delta variant remain in India due to the travel ban.
The judge did not provide instructions to the government on how to proceed after this finding. Other lawsuits filed during the pandemic that challenged government policies have been heard. While some have been successful in their efforts, they have benefited only those who are a party to the lawsuit.
The U.S. has stated the reopening of travel to the U.S. in November 2021 for fully vaccinated individuals from 33 countries, including China, Brazil, and most of Europe.
ILBSG continues to monitor changing policies and challenges to keep our clients informed. If you have questions about the travel ban or any other immigration-related issue, contact us at ILBSG. We are here to work with you to ensure you get the right advice.
