Traveling to India to visit very sick parent and come back to US.

[bs5]

Need immigration advice.

My mom is in India and she is critically ill with COVID .

I have an elder brother working in Dallas and he has a kid who is US citizen.

I read the proclamation regarding the India travel ban where parents of US citizens are exempted from ban.

My brothers H1-B visa got expired . He plans to visit my mom to take care of her for sometime.

Can he  get the H1-B visa stamped under National Interests Exception and come back to US?

Any advice will be highly appreciated.

 

Thanks !

[sgrcres]

Your elder brother is not restricted to come back but first he needs to have a valid H1b stamped visa.  He can try for appointments in India, and US consulates only recently have started giving appointments.   There could be a wait to get an appointment for stamping.   There is no National Interests Exception for visa appointments, NIE is for travelling back to US if they are in banned category.   As an alternative, your brother could try getting stamped in Mexico, if that is an option and allowed and if there are appointments available in Mexico.