President Biden rescinded regional traffic bans due to Covid and provided guidance on individual requirements for all individuals traveling to the U.S. under Presidential Proclamation 10294. The regional travel ban was revoked on October 25, 2021, but remains in effect through 12:01 AM Eastern Time on November 8, 2021. After that point in time, the updated vaccination requirements go into effect for all international air passengers traveling to the U.S. from foreign destinations under the Presidential proclamation.

With some exceptions, all noncitizen, nonimmigrants must comply with Covid vaccinations. For those pursuing an exception, specific requirements include following the health and safety standard requirements as developed by the Director of the Center for Disease Control (CDC).

Additional guidance, outlined below, has been issued by the White House, Department of State, CDC, and other agencies. The guidance outlines the new travel requirements.

 

COVID-19 Geographic Travel Restrictions

The Covid travel bans are rescinded for individuals coming to the U.S. from India, China, Iran, the Schengen Area, UK and Ireland, and South Africa as of 12:01 AM ET November 8, 2021.

For noncitizen, nonimmigrants, travel remains suspended if individuals are not fully vaccinated against Covid-19, with some exceptions. Visa issuance is not suspended for those whose travel is suspended, which is important to note. Proof of vaccination is required for all noncitizen, nonimmigrant individuals prior to boarding a plane traveling to the U.S.

Passengers need proof of vaccination available to the airline with the following detailed information required.

  • Matching name and date of birth on the vaccination documentation and personal identification.
  • The immunization record must have been issued by an official source, such as a public health agency or vaccine provider from within the country where the vaccine was given.
  • Full vaccination status as defined by the CDC requirements, including the use of a vaccine approved or authorized by the FDA or WHO on their emergency use vaccine list.
  • Dosage, location, and date(s) of administration will be reviewed and confirmed to be in compliance with CDC requirements.

The below documentation sources are considered acceptable proof of the Covid vaccine:

  • Verifiable paper or digital records, including vaccine certificates, digital passes, including those accessible through a QR code (such as the UK NHS Covid pass or the European Union Digital Covid certificates)
  • Non-verifiable paper documents including a paper document or Covid vaccination certificate issued by a national or subnational level through an authorized vaccine provider (such as the CDC vaccination card)
  • Non-verifiable digital records including digital proof of a vaccination card or record, a downloaded record or certificate from an official source, or a record shown through a mobile phone app without a QR code.

The CDC requires airlines and other aircraft operators confirm proof of vaccination and review of other required information for all passengers. If documents are not in English, individuals are instructed to verify with the airline or provider if a translation is required. Again, this is strongly suggested for individuals with documentation that is not in English prior to travel, at a minimum allowing enough time for the individual to have their documentation translated.

 

Approved Vaccines

For noncitizen, nonimmigrants who must comply with the Covid vaccine requirement only those vaccines as approved by the FDA or the WHO as emergency use approved are accepted. Below is the list of vaccines currently approved.

  • Janssen/Johnson & Johnson (Single Dose)
  • Pfizer-BioNTech
  • Moderna
  • AstraZeneca
  • Covishield
  • BIBP/Sinopharm
  • Sinovac

To be considered fully vaccinated, individuals need to have received the last (or only) dose of the vaccine a minimum of two weeks prior to the date of travel. Some “mix-and-match” options are available if individuals are not able to receive the two-dose required vaccines using the same provider. For more on the approved mix-and-match options, visit the CDC website.

 

Exceptions to the Covid Vaccine Requirement

U.S. citizens, lawful permanent residents, or individuals traveling on immigrant visas are not required to comply with this guidance. However, other requirements are applied to these individuals.

Individuals applying for an immigrant visa abroad or who are seeking an adjustment of status from within the U.S. are required to receive a Covid vaccine, among other vaccination requirements, as of October 1, 2021.

Exceptions to the Covid vaccine requirement include:

  • Children: Any individual under the age of 18.
  • Individuals in Clinical Trials: Individuals participating or who have participated in a clinical trial for the Covid vaccine, as determined by the CDC. Qualifying trials are noted by the CDC.
  • Medical Status: Individuals who have potential negative health effects caused by receiving the Covid vaccine are excused from the requirement. However, a letter from a physician must be shown prior to boarding a flight. The letter must be signed and dated, by an official person from the healthcare provider, clearly state the medical issue, and provide clearly identifiable personal information for the traveler. Again, if letters are not in English, they may require translation. Individuals with letters that are not in English are strongly urged to check with the airline or aircraft provider to determine if a translation is required.
  • Emergency and Humanitarian Exceptions: Individuals granted humanitarian or emergency exceptions by the Director of the CDC are not required to comply. However, individuals must contact the U.S. embassy or consulate nearest to them and provide all relevant information about their request. The post will then send the request and information to the CDC.
  • Countries with Limited Vaccine Availability: Individuals from a country that has less than 10% of their population vaccinated with any available Covid vaccine and are hoping to enter the U.S. pursuant to a nonimmigrant visa, with the exception of B-1 and B-2 visas, do not need to have a completed Covid vaccine. However, the passport/proof of citizenship AND a valid nonimmigrant visa must be shown prior to boarding the flight. In addition, these individuals must agree to receive a Covid vaccine in the U.S. within 60 days of arrival, among other requirements, noted below.
  • S. Armed Forces Members and their Families (Spouse, Child(ren)): A U.S. military identification document, such as a military ID, Common Access Card, DEERS ID card, or other proof that the individual and family is a member of the U.S. Armed Forces.
  • National Interest Exception (NIE) Members: Individuals whose entry to the U.S. is considered to be in the national interest of the U.S. as determined by the Secretaries of State, Transportation, Homeland Security or their designated representatives. These individuals must show a government letter that documents their exception. The future of the NIE is unknown at this time.
    • The U.S. Department of State hasn’t issued any information regarding the validity of existing NIEs. However, the U.S. Embassy in London notes that when the Proclamation takes effect, all travelers will need to meet the new travel requirements, regardless of any previous NIE obtained. As a result, it seems previously issued NIEs will not be valid for purposes of vaccination requirements.
  • Individuals on Official Government Travel or Diplomats: Those seeking entry to the U.S. under the following visa classifications are not required to prove Covid vaccinations: A-1, A-2, C-2, C-3 (as a foreign government official or immediate family member of an official), E-1 (as an employee of TECRO or TECO or the employee’s immediate family), G-1, G-2, G-3, G-4, NATO-1 through NATO-4, or NATO-6 (or individuals hoping to enter as a nonimmigrant in one of those NATO classifications). An official letter from the U.S. government or foreign office is required for these individuals.
  • United Nations Travel: For individuals whose travel is included in the scope of section 11 of the UN Headquarters Agreement or who are traveling pursuant to U.S. legal obligations. If the individual has been invited to the UN, a letter documenting the purpose of travel is required.
  • Sea Crew Members: Individuals entering the U.S. as sea crew members traveling as outlined in C-1 and D visas, providing that the crew member complies with industry standards for the prevention of Covid-19. An official letter, paper or digital, from their employer, that states their entry to the U.S. is required for the purpose of operating a vessel that will depart from a U.S. seaport.
  • Airline Crew Members: Those entering the U.S. as a crew member on official duty as assigned by the airline or aircraft operator that involves the operation of an aircraft, or for the purpose of placing crew members in the right location for future aircraft operation (deadhead status), or are maintenance personnel or contractors who are traveling to maintain aircraft or for flight operation are exempt if under the operators’ occupational health and safety program. The exception doesn’t apply to individuals who are traveling for training, commuting to or from work, or for business purposes that are not associated with the operation of the aircraft, or for personal reasons. To be exempt, the individual must provide an official letter, paper or digital, from their employer that confirms the purpose of travel and that states the crew member meets all other criteria to be considered exempt.

Individuals may be required to attest to the exception prior to traveling to the U.S. via an Excepted Covered Individual Attestation. Criminal fines or imprisonment may result if individuals provide false or misleading information, including providing false test results or vaccination cards.

It is important to note:

  • No exceptions to the vaccine requirement are allowed for religious or other moral convictions, per the CDC’s Order and the Presidential Proclamation.
  • No specific exception has been provided for individuals who received a Covid vaccine that is authorized by their country but has not yet been approved by the FDA or WHO, with the exception of diplomats.

 

Vaccine Requirements After U.S. Arrival

For individuals how do not have to comply with the Covid vaccine requirement prior to U.S. entry, more rigorous testing requirements and full vaccination within 60 days of entering the U.S. are required.  The only exception to these requirements are:

  • Individuals whose intended stay is sufficiently short.
  • Children whose vaccination would not be appropriate, given their age.
  • Individuals who participated in or are participating in a clinical trial for a Covid vaccine, as determined by the CDC Director.
  • Those who would have negative side effects if they received a Covid vaccine.
  • Individuals entering the U.S. with a nonimmigrant visa category for diplomats (as noted above), if they have previously received a Covid vaccine authorized or approved by their country of nationality.
  • Individuals whose Covid vaccine is not warranted.

 

Other Required Measures of Protection

The CDC issued guidance for specific categories of exceptions. These individuals may also be required to attest they will:

  • Complete a viral Covid test within 3-5 days after arrival in the U.S., unless documentation proving they recovered from Covid in the prior 90 days,
  • Self-quarantine for a complete 7-day period, even if the post-arrival Covid test is negative unless they have proof of having recovered from Covid in the past 90 days, and
  • Self-isolate if the individual develops Covid symptoms or the post-arrival Covid test comes back positive.

The CDC recommends all travelers, whether subject to the vaccine requirement or have been fully vaccinated, comply with the above guidelines.

The CDC also issued a new contact tracing order, requiring airlines to collect information for all U.S. bound international travelers. Airlines are to retain travelers’ full name, phone number, email, and address where they can be reached in the U.S. This information is to be made available and provided to the CDC when requested for the purpose of contact tracing.

 

Low Vaccination Rate Countries

Individuals who have a passport or proof of citizenship from a country with less than 10% of their population vaccinated and who are coming to the U.S. with a nonimmigrant visa (other than B-1 and B-2), are eligible for an exception to the vaccine requirements. This exception does not apply to individuals who are residing in a qualifying country and are not a citizen. Proof of citizenship or a passport from the country with low vaccination rate is required for this exception. The list of countries that qualify as a low vaccination countries is shown on the CDC website. The country’s status will be reviewed every three months.

 

Testing Requirements for Vaccinated and Unvaccinated Individuals

All vaccinated individuals, including U.S. citizens, lawful permanent residents, and foreign nationals traveling on immigrant or nonimmigrant visas are required to provide a Covid viral test (either NAAT or PCR) that shows a negative result taken within three days of travel. The negative test must be within three days of boarding the first flight in a series of flights that ultimately enters the U.S. The Department of State provides this example:

  • If a traveler is departing for the United States at 10 PM on January 19, they would have to present a negative test result for a test taken any time after 12:01 AM on January 16.

Unvaccinated individuals traveling to the U.S., whether U.S. citizens, lawful permanent residents, or those qualifying for an exception, will be required to provide proof of a negative test taken within one day of travel to the U.S.

Children from the ages of 2 to 17 are also required to take a pre-departure Covid test. If the child is not fully vaccinated but is traveling with an adult who is fully vaccinated, proof of a negative Covid viral test taken within three calendar days prior to departure is accepted. However, if the child is traveling alone, they are subject to the same requirements of an unvaccinated adult which include a negative Covid viral test within one day of travel.

 

Travel to the U.S. from Land or Ferry Borders

In early November 2021, the Department of Homeland Security (DHS) will allow non-essential travel across land and water borders for fully vaccinated individuals. Essential travel for unvaccinated individuals will continue. There are limited exceptions to these requirements, such as for children. This only affects regular land and ferry border crossings and does not apply to irregular land and ferry border crossings.

In early January 2022, DHS will require all foreign travelers to be fully vaccinated, whether essential or not. Again, limited exceptions, such as for children, will be available. This only allows to regular land and ferry border crossings.

Specific dates of implementation for land and ferry border crossings have not yet been announced.

 

Individuals Seeking Humanitarian Protection

The Proclamation does not limit the ability of individuals who are applying for asylum, refugee status, protection under the Convention Against Torture, or withholding of removal.

 

Effective Date

The Presidential proclamation will remain in effect from 12:01 AM Eastern Time on November 8, 2021, until the president terminates it. The Secretary of Health and Human Services will recommend whether or not the proclamation should be continued, modified, or terminated. Recommendations will be made after no more than 60 days and subsequently not later than the final day of each calendar month following the first 60 days of effect.

If you have questions about Covid vaccine requirements, entry to the U.S. and your visa status, or any other immigration-related question, contact us at ILBSG. We work with you to ensure you get the right advice.

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