USCIS Announces New COVID-19 Vaccine Requirement

On September 14, USCIS announced that starting October 1, anyone subject to the immigration medical examination requirement is required to be fully vaccinated against COVID-19 before the examination. Individuals who are applying for green cards within the U.S. or for U.S. visa status abroad must receive the full COVID-19 vaccine before submitting to the medical examination, and they must provide documentation of vaccination to the civil surgeon in person at the time of the exam – only then may a civil surgeon sign off on the applicant’s Form I-693 (Report of Medical Examination and Vaccination Record).

The announcement from USCIS references the Center for Disease Control (CDC)’s August 17 update to the Vaccination Technical Instructions for Surgeons. The CDC update states that, because applicants complete the medical exam “well in advance of adjustment of status,” an applicant who tests negative for COVID-19 during the exam “does not guarantee that the applicant will not have COVID-19 at the time the applicant becomes a Lawful Permanent Resident.” Therefore, the CDC’s official stance is that receiving a full vaccine “will provide the best protection from COVID-19 for applicants and U.S. communities.”

Who is Now Required to Get the COVID-19 Vaccine

The new COVID-19 vaccine requirement applies to immigrants who are required to submit to a medical examination under current U.S. law. Generally, this includes individuals applying for an adjustment of status inside the U.S. (a.k.a. lawful permanent resident status or green cards) and those applying for an immigrant visa abroad through a U.S. Consulate.

If applying in the U.S., applicants must receive a vaccine recognized for use by the Food and Drug Administration (FDA). There are currently three FDA-recognized COVID-19 vaccine formulations available in the United States – Johnson & Johnson/Janssen, Moderna, and Pfizer-BioNTech.

If applying abroad, applicants must receive a vaccine recognized by the World Health Organization (WHO) in the country where the applicant’s medical exam will take place. Additionally, the applicant’s vaccination must be recorded on the U.S. Department of State Vaccination Documentation Worksheet (DS-3025); if the applicant is coming from a country on the eMedical system, the vaccination must be recorded on form 951.

Who is Exempt from the New COVID-19 Vaccine Requirement

Under USCIS regulations, the civil surgeon who conducts the applicant’s medical exam may indicate that a blanket waiver of vaccine requirements may apply under any of the following grounds:

Not age-appropriate – the minimum age to receive the Pfizer-BioNTech vaccine is 12 years; the minimum age for the Moderna and Johnson & Johnson/Janssen vaccines is 18 years.
Contraindicated due to the applicant’s medical conditions – “contraindicated” refers to either preexisting conditions or a bad reaction to receiving the initial dose of any two-dose COVID-19 vaccine. Preexisting conditions include immune-compromised conditions that make it difficult or impossible for the body to fight off infection, and they must be documented by a physician before the applicant’s medical exam. Pregnancy likely does not qualify, as the CDC cites growing data indicating that it is safe to receive a COVID-19 vaccine during pregnancy.
Not routinely available where the civil surgeon practices.
Impracticable due to limited supply of the vaccine – vaccines are available, but the limited supply would cause significant delay.

Additionally, applicants who do not want to get the vaccine because of “religious beliefs or moral convictions” may apply for a waiver by completing Form I-601 (Application for Waiver of Grounds of Inadmissibility). USCIS, not with the civil surgeon or the CDC, determines whether to grant these waivers.

If You Have Already Received the COVID-19 Vaccine

Make sure the vaccine you received was authorized for emergency use or approved by the FDA or by WHO.

Be sure to bring your vaccination card to the medical exam to present it to the attending civil surgeon. If you do not have the physical copy, there are several ways to get a replacement. If you signed up for the vaccine online, the CDC should have sent a vaccine card to the email address you provided. If you did not receive the CDC card, reach out to your vaccine provider or contact your state’s health department.

If You Have Not Received the COVID-19 Vaccine

To find a vaccine site in the U.S. near you, USCIS and the CDC recommend visiting https://www.vaccines.gov/.

Note that the timing of the vaccination differs depending on which type of vaccine you receive. The Johnson & Johnson/Janssen COVID-19 vaccine is a single dose, and other required vaccines may safely be administered at any time afterward. The Pfizer-BioNTech COVID-19 vaccine is two doses – after receiving the first dose, you must wait a minimum of 21 days before receiving the second dose. The Moderna COVID-19 vaccine is also two doses – it requires waiting a minimum of 28 days before receiving the second dose. After receiving the second dose of either Pfizer or Moderna’s vaccines, you may safely receive any other required vaccinations.

If you believe you qualify for a blanket waiver under one of the four grounds listed above, make sure you have proof of the relevant reason for seeking a waiver (e.g. birth certificate for a child-applicant, physician report of applicant’s preexisting condition). If you intend to apply for a waiver with a Form I-601, visit https://www.uscis.gov/i-601 for more information.

Other Important Considerations

There is no indication that USCIS is also requiring a COVID-19 vaccine booster shot. Although the CDC now recommends that immunocompromised individuals receive an additional vaccine dose, neither the CDC update nor the USCIS announcement mentions additional shot requirements.

The CDC update states that “[t]he applicant is required to receive the vaccine series regardless of evidence of immunity or prior COVID-19 infection.” If an applicant believes they previously contracted COVID-19 and are therefore immune to the disease, the applicant is still required to get the vaccine.

If an applicant has not received a full COVID-19 vaccination and refuses to be vaccinated, the applicant’s refusal will be documented. The applicant will then be deemed inadmissible to the U.S. and will not be able to obtain new or adjusted status.

If you have questions about the COVID requirement or any immigration-related issue, contact us at ILBSG. We work with you to ensure you get the right advice.

Sources:

USCIS