india covid-19 visa travel
Transit through US for Indian travelers during Covid
<p>An <a href="https://www.federalregister.gov/documents/2021/05/06/2021-09711/suspension-of-entry-as-nonimmigrants-of-certain-additional-persons-who-pose-a-risk-of-transmitting" rel="nofollow noreferrer">order</a> was passed by the US government restricting travel to the USA, for non-US-citizens who have been physically present in India in the 14 days prior to their arrival in the USA.</p>
<p>This question is about interpreting the following exception in <a href="https://www.federalregister.gov/d/2021-09711/p-16" rel="nofollow noreferrer">Section 2. a) viii)</a> :</p>
<p><em>any noncitizen traveling as a nonimmigrant pursuant to a C-1, D, or C-1/D nonimmigrant visa as a crewmember or any noncitizen otherwise traveling to the United
States as air or sea crew;</em></p>
<p>I have the following three related questions:</p>
<p>Q1: Does this exception apply to any non-immigrant with a C-1 visa, or only those non-immigrants who serve as crew?</p>
<p>Q2: The part of the clause before the first <em>or</em> would imply that anyone can transit with a C-1 visa. Is this interpretation correct?</p>
<p>Q3: According to <a href="https://travel.state.gov/content/travel/en/us-visas/other-visa-categories/transit.html" rel="nofollow noreferrer">this page</a>, nonimmigrants with a B visa can transit through the US and do not need a separate C visa. Would Section 2. a) viii) then also allow any non-immigrant with a B visa to transit through the US?</p>

<p>The relevant part can be parsed as:</p>
<blockquote>
<p>(any noncitizen traveling as a nonimmigrant pursuant to a C-1, D, or
C-1/D nonimmigrant visa as a crewmember) <strong>or</strong> (any noncitizen otherwise
traveling to the United States as air or sea crew)</p>
</blockquote>
<p>where either the first part has to be true, or the second. Being a crew member is a requirement of both of the options. It is not true that &quot;<em>Anyone</em> can transit with a C-1 visa&quot;: you must also be a crew member.</p>
<p>Since the rule does not state an exception for a B visa holder, a B-visa holder may not avail themselves of the &quot;transit / crew&quot; exception. The State department suggestion simply means that you can also transit with a B visa. A C visa is not equivalent to a B visa.</p>
