NRI Helpdesk: Can R-1 visa holders travel to the US despite the travel ban?

With immigration rules constantly changing with the pandemic situation, it is difficult to keep up to date with it all.

For our NRI readers, we have started an immigration helpdesk. Write to us at nri.economictimes@gmail.com and our team of experts will address the most pressing issues.

*Please note that questions have been edited and/or clubbed so that we can address similar queries at once and that the answers are clear and relevant to our audience.

I am planning to travel to the USA via a third country. As the laws say, we must not be present in India in the last 14 days before arriving in the USA. Therefore, what documents do we need to present to prove that I was not in India during the previous 14 days while entering the USA?
Your passport should have entry and exit stamps.

My B-1 and B-2 U.S. Visa is valid till 8.12.2021, Please let me know the procedure for renewal.

You have to apply again to the US consulate. Assuming you are a citizen and resident of India. Check Here for detailed information.

I am a Swiss resident but holding a passport from Turkey. I am invited for a conference in the U.S. which will be held on October 1-4th and also awarded for a Travel award and the requirement to obtain the award is to be in-person attendance to the conference. So I wonder if it would make sense to apply for a B-1 visa at the moment? The conference sent me the invitation letter.
Note that the travel ban applies because of where you reside, not because of your citizenship. You can certainly apply and also seek an exception or travel to and stay in a “safe” third country for 14 days before traveling to the US. Also, you should apply for a visa now.

I am a Slovenian citizen, and I plan to do a 3-month student internship in the USA in December. I have everything arranged with my employer. The only question I have is, can I travel from the Schengen area on my J-1 visa? And if not, how can I come to the USA for my internship?
J-1 exchange visitors will be able to travel only if the visa is approved and they qualify for a national interest exception (NIE). If you already have a visa, you will need to apply for an NIE or travel to and stay for two weeks in a third country from which travel to the USA is allowed. The US consulate in Slovenia has indicated they will consider NIE for J-1 holders:

• Academic professors/researchers (J visa)
• Au Pairs who are providing specialized care to a child needing particular medical, educational, or sign language care; or an au pair providing care to a child of parents working in the medical field related to Covid care or research. (J visa)
• Exchange participant pursuant to a government-to-government agreement (J visa)
• Intern or Trainee at a U.S. Government Agency (J visa, with program series G-3)

I have an urgent question: can R-1 visa holders travel to the U.S. now?
I am not aware of any special provision for R-1 visa holders. The answer is no, you are subject to the same ban as other visa holders. Nevertheless, do email the consulate. They are responding to inquiries.

I wanted to know the details for entering the USA. What documents should I have while entering the USA?
You will need to contact your DSO for endorsement on your I-20 to travel, evidence that you have been working (like pay stubs), and a letter from your employer confirming that you will be returning to your ongoing employment.

Does the USA allow OPT holders to enter?
Yes

I recently transferred from the U.S. to the UAE office since I was not selected in the H-1B lottery in March. I was then selected in the second lottery and my company has started the H-1B process. Can I do short-term 1-2 week visits on H-1B every few months instead of B-1? Do I need to be employed to enter the U.S. using H-1b?
While intermittent H-1B employment is permitted, it is only for the job for which you have an H-1B approval. You cannot use an H-1B visa to travel to the US intermittently without that job.

The author's views do not necessarily represent the views of ET Online nor do they constitute legal advice or representation. Practice tips provided in the written materials are based on the author's experiences and the current state of the law and regulations. Please be sure to conduct legal research and analysis, or engage independent counsel for your unique situation as the law and requirements change quickly and the author's experiences may differ from your own.