On May 24, 2020, President Trump issued a proclamation restricting travel to the United States by foreign nationals who have been physically present in Brazil within a fourteen (14) day period before travel to the United States. Although initially made effective on May 28, 2020, a May 25, 2020 amendment to this proclamation updated the effective date to May 26, 2020. This proclamation was issued with indefinite validity, remaining in effect until affirmatively terminated by the President. 

Scope of the Proclamation 

The order restricts nonimmigrant and immigrant visa holders outside of the United States from seeking entry to the United States within fourteen (14) days of travel to Brazil.  This proclamation does not apply to U.S. citizens and is not limited to citizens of Brazil, although they may be the most impacted. 

The order provides for the following exceptions: 

1. Lawful permanent residents of the United States. 
2. Spouses of U.S. citizens 
3. Children who are under age 21 and are children of a U.S. citizen or are prospective adoptees. 
4. Parents or legal guardians of U.S. citizens or lawful permanent residents who are unmarried and under the age of 21. 
5. Siblings of U.S. citizens or lawful permanent residents, so long as both are unmarried and under the age of 21. 
6. Foreign nationals traveling at the invitation of the United States Government for a purpose related to containment or mitigation of the virus. 
7. Foreign nationals traveling to the United States as air or sea crew.
8. Foreign nationals seeking admission with one of the following visas: A-1, A-2, C-2, C-3 (as a foreign government official or immediate family member of an official), E-1 (as an employee of TECRO or TECO or the employee’s immediate family members), G-1, G-2, G-3, G-4, NATO-1 through NATO-4, or NATO-6 (or seeking to enter as a nonimmigrant in one of those NATO categories). 
9. Foreign nationals whose travel falls within the scope of the United Nationals Headquarters Agreement. 
10. Members of the U.S. armed forces, and their spouses and children.
11. Travelers whose entry would not pose a significant risk of introducing, transmitting, or spreading the virus, as determined by the Secretary of Health and Human Services.
12. Those whose entry would further U.S. law enforcement objectives, as determined by the Secretaries of State and Homeland Security.
13. Those whose entry would be in the U.S. national interest, as determined by the Secretaries of State and Homeland Security.

Recommendations for Recent Travelers to Brazil 

Unless exempted, non-U.S. citizens seeking to travel to the United States who have recently traveled to Brazil should wait at least fourteen (14) days outside of Brazil before traveling to the United States. Such travelers may be recommended to be prepared to provide evidentiary documentation of this period outside of Brazil to present only if questioned upon arrival by U.S. Customs and Border Protection (CBP). 

Foster will continue to track changes in immigration law and procedure, as well as the ongoing impacts of the President’s executive order, and will make additional updates available via our firm’s website at www.fosterglobal.com