As previously reported, international travel to the United States was reopened for vaccinated visitors on Monday, November 8, 2021, as a result of President Biden’s Presidential Proclamation. Previously, tourists and visitors who were physically present in the United Kingdom, Ireland, countries in the European Schengen Area, Brazil, China, India, Iran, and South Africa during the fourteen-day period preceding their entry or attempted entry into US were subject to travel restrictions as a result of the COVID-19 pandemic. These restrictions, which barred entry for most non-US nationals have been officially lifted, for those who are fully vaccinated. Travel remains restricted for people who were vaccinated with non-WHO-approved vaccines, such as the Russian Sputnik V vaccine, and the Chinese CanSino vaccine.
As Heartwarming reports of families reunited at airports across the US filled the news outlets, the Brookings Institute visiting fellow, Celia Belin reported that in reality, “[t]ravel is resuming, but not for everyone.” Ms. Belin reminds us that “mobility across the Atlantic and beyond remains far more restricted than in pre-COVID times.” This reality is well known by many nonimmigrant visa applicants who continue to be unable to enter the US as they wait for their visas to be issued by US Embassies and Consulates abroad.
Without a valid visa, you are still unable to travel to the US
In March 2020, as a result of the pandemic, US Embassies and Consulates worldwide were closed and routine visa services were suspended. In July 2020, U.S. Embassies and Consulates began a phased reopening; however, embassies and consulates around the world have not been able to resume routine visa services because of limited resources and country conditions related to COVID including social distancing guidelines.
For tourism and business travelers of certain nationalities, the visa requirement is waived through the Visa Waiver Program (“VWP”) for stays of up to ninety days through the Electronic System for Travel Authorization (“ESTA”). Currently, forty countries participate in ESTA which means that citizens of those countries can come to the US for business or pleasure without first obtaining a B-1 or B-2 visitor visa. The only requirement is that they sign up for ESTA online, pay a fee, and get ESTA authorization before they travel to the US. For these individuals, travel to the US has indeed opened, provided they have been vaccinated with FDA or World Health Organization (“WHO”) approved vaccines or belong to certain extremely limited groups exempt from the vaccination requirement for foreign nationals.
However, for citizens of countries that do not participate in ESTA as well as foreign nationals who need nonimmigrant or immigrant visas at a US Embassy or Consulate, travel to the US remains restricted. Delays and backlogs are affecting these individuals who must schedule appointments to have their visas processed at a US Embassy or Consulate in order to enter the US. As noted by Ms. Belin, “visa appointments at American embassies across Europe were regularly postponed or canceled. Over time, this has made for incredibly long delays in getting a new visa, or worse, in renewing a visa.” In fact, Ms. Belin reports “for 20 out of 26 Schengen capitals, appointments for some categories of visas are offered on an emergency-only basis.”
Currently, depending on the embassy or consulate, getting an interview appointment can range from a few days to a few months, to the unknown. As Ms. Belin points out, “American embassies in Europe are now offering supplemental appointments, while recognizing that not everyone will be able to benefit from new time slots just yet”. In certain countries, visa services are reserved for “emergency cases only”. As a result, nonimmigrants and immigrants who would otherwise be able to legally able to come to the US and start (or resume) working or residing are still not able to enter the country because of the visa processing backlogs.
We will continue to monitor the situation and provide updates as news is released on how the current visa issuance backlogs will be remedied by the government.