Employers must physically inspect remotely-verified I-9 documents by Aug. 30; DHS announces virtual alternative for E-Verify employers.
Dep't of State Extends Interview Waivers for Certain Nonimmigrants
On December 23, 2022, the Department of State announced it would extend its policy to waive in-person interviews for certain nonimmigrant applicants (F, H-1, H-2, H-3, H-4, J, L, M, O, P and Q) through December 31, 2023. Applicants whose nonimmigrant visa (of any type) expired within 48 months are eligible when applying in their country of nationality or residence. DOS expanded its interview waiver policy in response to severe delays caused by consular closures due to COVID-19. Travelers are encouraged to review the website of the nearest U.S. embassy or consulate for detailed information on what services are currently available as well as eligibility information and instructions on applying for a visa without an interview.
U.S. to Require Negative COVID Tests for Travelers from China
On December 28, 2022, the Center for Disease Control and Prevention (CDC) announced that on January 5, 2023, at 12:01 am, it will implement a requirement for a negative COVID-19 test or documentation of recovery for all travelers two years and older boarding flights to the United States that originated in the People's Republic of China (PRC), Hong Kong, and Macau. The purpose of the requirement is to slow the spread of COVID-19 in the United States, given the recent surge in cases in China and the lack of information being reported by China on this surge.
According to the announcement, beginning on January 5, 2023, travelers two years and older will be required to get a test (such as a PCR or antigen self-test) administered either by an authorized telehealth service or licensed provider no more than two days before departing from the PRC, Hong Kong, or Macau and a subsequent negative result. Passengers who tested positive more than 10 days before the flight can provide documentation of recovery instead of a negative result. Airlines will confirm the negative test result or documentation of recovery for all those boarding the flight.
The CDC provided the following additional information:
The requirement applies to air passengers regardless of nationality and vaccination status.
The requirement applies to persons traveling from the PRC via third-country transit and passengers connecting through the United States onward to further destinations.
In addition to applying to direct flights from the PRC, travelers stopping through Incheon International Airport, Toronto Pearson International Airport, and Vancouver International Airport on their way to the United States will be required to provide a negative COVID-19 test if they have been in the PRC in the last 10 days, no more than two days before their departure to the United States.
The Biden Administration chose these transit hubs because they cover a significant majority of travelers originating in the PRC, Hong Kong, and Macau. The announcement indicates that it will continue to monitor travel patterns and update this policy accordingly.
U.S. Mission to China Temporarily Suspends Visa Services Due to COVID-19 Surge
The U.S. Mission China announced on December 15, 2022, that due to operational impacts caused by the surge of COVID-19 infections across China, all routine visa services at the U.S. embassy and consulates in China are temporarily suspended.
Specifically:
U.S. Embassy Beijing and U.S. Consulate General Shanghai are providing passport and emergency citizen services only.
U.S. Consulates General Wuhan, Shenyang, and Guangzhou will only be providing emergency consular services until further notice.
The announcement stated that some visa appointments previously scheduled at U.S. Consulate General Shanghai will be preserved, but all other nonimmigrant visa and immigrant visa appointments at the embassy and consulates in China have been canceled. Applicants will be contacted if their visa appointment is impacted.
Per Mission China, they are advising nonimmigrant visa applicants to reschedule their appointments for a later date by following the instructions at https://www.ustraveldocs.com/cn/cn-niv-visaapply.asp. Immigrant visa applicants with questions are advised to contact the IV unit through its online form found here: https://china.usembassy-china.org.cn/visas/immigrant-visas/immigrant-visa-unit-question/.
There is no indication of when visa services will resume.
DHS Issues Temporary Exception to COVID Requirements for Nonimmigrants Traveling from Ukraine
Effective February 15, 2022 through 11:59 pm ET March 1, 2022, the Department of Homeland Security has authorized the grant of National Interest Exceptions (NIEs) to Presidential Proclamation 10294, barring U.S. entry by nonimmigrants who are not fully vaccinated, for nonimmigrants traveling from Ukraine to accompany U.S. citizens or lawful permanent residents.
The grant comes in light of the Department of State’s February 12, 2022 Level 4 Travel Advisory recommending that individuals in Ukraine depart immediately due to the escalating geopolitical tensions: “Given the rapidly deteriorating security situation in Ukraine, and the need to ensure that individuals traveling with U.S. citizens and lawful permanent residents can safely depart the country,” Secretary Mayorkas “determined that a temporary exception” for certain nonimmigrants is warranted by the national interest.
To qualify, the noncitizen nonimmigrant must:
be traveling with a U.S. citizen or lawful permanent resident;
have been physically present in Ukraine as of February 10, 2022; and
possess valid travel documents allowing them to travel to the U.S.
Nonimmigrants granted entry under these provisions must:
attest to having made arrangements to receive a COVID-19 test within three to five days of arrival in the U.S.;
self-quarantine for seven days;
self-isolate in the event of a positive COVID-19 test or the development of COVID-19 symptoms; and
become fully vaccinated for COVID-19 within 60 days of arrival in the U.S., if intending to stay more than 60 days.
Update on Current COVID-19 Requirements for Travel to U.S.
As of January 26, 2022, all foreign nationals wishing to travel to the United States NEED to be fully vaccinated unless exempted.
If you are a foreign national (person who is not a U.S. Citizen, a U.S. legal permanent resident (Green card holders), or a U.S. national) wishing to enter the United States by air, land, or sea, you must be “fully vaccinated” with an approved COVID-19 vaccine in order to be able to travel to and enter the United States.
You must be prepared to show the appropriate vaccine documentation to the airline at an airport, or to a CBP Official at an airport, border crossing or seaport.
You must be considered to be “fully vaccinated.” This means:
2 weeks (14 days) must have passed after your dose of an accepted single-dose vaccine;
2 weeks (14 days) must have passed after your second dose of an accepted 2-dose series;
2 weeks (14 days) must have passed after you received the full series of an accepted COVID-19 vaccine (not placebo) in a clinical trial; or
2 weeks (14 days) must have passed after you received 2 doses of any “mix-and-match” combination of accepted COVID-19 vaccines administered at least 17 days apart.
Thus far, the United States has approved the following COVID vaccines for travel to the United States: Pfizer-Biotech, Moderna, Janssen/J&J, AstraZeneca, Covaxin, Covishield, BIBP/Sinopharm, Sinovac, and Novavax/Covovax.
You will not be able to travel to the United States by air, land, or sea if you are not “fully vaccinated” and you DO NOT meet one of the clearly delineated exemptions outlined on the CDC’s website. For more information regarding the exemptions to not being “fully vaccinated” and being able to travel to the United States, we encourage you to visit the CDC’s website at: www.cdc.gov.
As of January 26, 2022, all travelers 2 years old or older need to get tested or show proof of recovery from COVID-19 before traveling to the United States by air.
While only foreign nationals (unless exempted) need to be “fully vaccinated” in order to enter the United States by air, land, or sea, as of December 6, 2021 there has been a change in the COVID testing requirements to enter the United States by air.
All U.S. citizens, U.S. legal permanent residents, U.S. nationals and foreign nationals who are 2 years old or older need to take a viral COVID-19 test within 1 day of their flight departure to the United States, and show their negative COVID test result to the airline before being allowed to board their flight to the United States.
In lieu of the negative COVID-19 test result, persons travelling to the United States by air can also show documentation of recovery from COVID-19 (i.e., your positive COVID-19 viral test result on a sample taken no more than 90 days before the flight’s departure from a foreign country and a letter from a licensed healthcare provider or a public health official stating that you were cleared to travel).
As of January 26, 2022, there are no COVID-19 related travel restrictions imposed on any nation.
The travel restrictions that the United States had imposed on eight Southern African nations (South Africa, Lesotho, Botswana, Zimbabwe, Eswatini, Namibia, Malawi and Mozambique) as a result of the Omicron variant, and which prevented foreign nationals from traveling to the United States if they had been in any of the above-listed countries within the previous 14 days prior to their travel to the United States, were lifted as of December 31, 2021.
President Biden Revokes Southern Africa Travel Ban Effective December 31
President Joe Biden issued a presidential proclamation Tuesday revoking a November proclamation that enacted travel restrictions on eight southern African nations, including South Africa, as the Omicron variant began to spread.
The proclamation repeals the ban as of 12:01 a.m. ET on December 31.
"The travel restrictions imposed by that proclamation are no longer necessary to protect the public health," Biden said in the new proclamation.
Tuesday's proclamation noted that scientists have determined that people vaccinated against Covid-19 "are protected against severe disease and hospitalization from the Omicron variant." It also said that the variant is now in over 100 countries and is "prevalent" in the US, where cases have been rising for weeks.
New Proclamation Suspends Travel for Immigrants and Nonimmigrants from Seven African Countries
On November 26, 2021, just 18 days after prior COVID-related travel bans were lifted, the White House issued a Proclamation barring travel from the Republic of Botswana, the Kingdom of Eswatini, the Kingdom of Lesotho, the Republic of Malawi, the Republic of Mozambique, the Republic of Namibia, the Republic of South Africa, and the Republic of Zimbabwe, in response to a new variant of COVID-19 referred to as B.1.1.529 or the Omicron variant.
The Proclamation suspends entry into the United States, as immigrants or nonimmigrants, of noncitizens who were physically present within the Republic of Botswana, the Kingdom of Eswatini, the Kingdom of Lesotho, the Republic of Malawi, the Republic of Mozambique, the Republic of Namibia, the Republic of South Africa, and the Republic of Zimbabwe during the 14-day period preceding their entry or attempted entry into the United States. This proclamation is effective at 12:01 a.m. ET on Monday, November 29, 2021. This proclamation does not apply to persons aboard a flight scheduled to arrive in the United States that departed prior to 12:01 a.m. ET on November 29, 2021. The proclamation applies even to travelers that are fully vaccinated against COVID-19.
The proclamation contains numerous exceptions, and does not apply to:
Lawful Permanent Residents (green card holders);
Nationals of the United States;
Noncitizens who are the spouse of a U.S. citizen or LPR;
Noncitizens who are the the parent or legal guardian or sibling of a U.S. citizen or LPR child;
Noncitizens who are the child, foster child, or ward of a U.S. citizen or LPR, or a prospective adoptee seeking entry under the IR-4 or IH-4 classifications;
Noncitizens traveling at the invitation of the United States Government for a purpose related to containment or mitigation of the virus;
Noncitizens seeking entry pursuant to a C-1, D, or C-1/D nonimmigrant visa, or 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 members), G-1, G-2, G-3, G-4, NATO-1 through NATO-4, or NATO-6;
Noncitizen members of the U.S. Armed Forces or who is a spouse or child of a member of the U.S. Armed Forces;
Noncitizens whose entry is authorized by he Secretary of State, the Secretary of Homeland Security, or their respective designees.
Further Details on President Biden's Proclamation Requiring Proof of Vaccination for Entry to the U.S.
On October 25, 2021, President Biden issued Presidential Proclamation 10294 rescinding the geographic COVID-19 travel bans and adopting COVID-19 vaccination requirements for all international air travelers to the United States. It will be effective at 12:01 AM on November 8, 2021, which means that it applies to air passengers on planes that depart from their foreign destination at or after 12:01 AM Eastern Time on November 8.
The Proclamation governs the entry into the United States of nonimmigrants (those seeking temporary admission to the U.S.) traveling to the United States by air. With limited exceptions, it suspends entry of noncitizen nonimmigrants who are not vaccinated and requires those individuals seeking an exception to follow health and safety requirements determined by the Director of the Center for Disease Control (CDC).
The White House and agencies such as the Department of State and the CDC have issued additional guidance concerning the implementation of the new travel requirements.
Rescission of COVID-19 Geographic Travel Restrictions
The first section of the Proclamation rescinds the geographic COVID-19 travel bans that restricted travel for those from China (PP 9984), Iran (PP 9992), the Schengen Area, UK and Ireland, Brazil, South Africa (PP 10143), and India (PP 10199) at 12:01 AM ET on November 8, 2021.
Section 4(d) orders the Secretaries of State, Transportation, and Homeland Security to review regulations, orders, guidance, policies, and agency actions developed pursuant to these proclamations and to consider revising or revoking them, in line with the new proclamation and requirements.
Coverage and Requirements
The Proclamation suspends the entry into the United States via air travel of noncitizen, nonimmigrants who are not fully vaccinated against COVID-19, with certain exceptions. It notably does not suspend visa issuance for those whose travel is suspended. Travelers will be required to be fully vaccinated and provide proof of that vaccination before boarding a plane to the United States.
Per a White House Fact Sheet issued on October 25, 2021, passengers will need to provide proof of vaccination to airlines who will:
Match the name and date of birth to the information on the vaccination documentation.
Determine that the record was, in fact, issued by an official source (public health agency, government agency, or authorized vaccine provider) within the country it was given.
Review the information to determine if the vaccination meets the CDC's definition of full vaccination, including being approved or authorized by the FDA or included on the WHO list of emergency use vaccines.
The received dosage, relevant dates of administration, and the location of the vaccination will also be reviewed.
In its Technical Instructions, the CDC has identified three documentation categories considered acceptable proof of COVID-19 vaccination, which require varying review processes by the airlines:
Verifiable digital or paper records: This includes, but is not limited to, examples such as vaccination certificates or digital passes accessible via QR code (such as the UK NHS COVID Pass and the European Union Digital COVID Certificate)
Non-verifiable paper records: A paper vaccination record or a COVID-19 vaccination certificate issued by a national or subnational level or by an authorized vaccine provide (such as the CDC vaccination card).
Non-verifiable digital records: Digital photos of vaccination card or record, or a downloaded record or vaccination certificate from an official source (e.g., public health agency, government agency, or other authorized vaccine provider), or a record shown on a mobile phone app without a QR code.
Per the CDC Technical Instructions, airlines and other aircraft operators must be able to confirm proof of vaccination and review other required information. If documents are in a language other than English, check with the airline or aircraft provider before travel to determine whether a translation will be needed.
The CDC has confirmed that for purposes of travel to the United States, vaccines approved or authorized by the Food and Drug Administration or on the World Health Organization emergency use listed (EUL) vaccines will be accepted. The list of vaccines is available here and below.
Janssen/Johnson & Johnson (Single Dose)
Pfizer-BioNTech
Moderna
AstraZeneca
Covishield
BIBP/Sinopharm
Sinovac
Individuals will be considered fully vaccinated after two weeks of receipt of the last dose of a vaccine, the first dose of an approved single-dose vaccine, or any combination of two doses of an approved vaccine (mix and match). For more information on the "mix-and-match" combination see CDC guidance.
Exceptions to Vaccine Requirement
The Proclamation does not apply to United States citizens, lawful permanent residents, or those traveling on immigrant visas. Those applying for an immigrant visa abroad or who seek to adjust status from within the United States are required to receive, among other vaccinations, an authorized COVID-19 vaccination as of October 1, 2021.
In addition, Sections 2 and 3 of the Proclamation provide several exceptions to the vaccine requirement. Procedures to request these exceptions have been expanded upon by the CDC here.
Children: Children under the age of 18.
Clinical Trials: Those who have participated or are participating in clinical trials for COVID-19 vaccination, as determined by the CDC Director. The CDC has provided a list of qualifying vaccine candidates that meet this exception. See Table 3 here. Documentation of clinical trial participation is required.
Contraindications: Those for whom approved COVID-19 vaccination is medically contraindicated. A letter must be provided to the airline from a licensed physician documenting the contraindication before boarding. The letter should be signed and dated with official contact from the provider, clearly state the contraindication, and have identifiable personal information. Letters not in English may require translation.
Humanitarian and Emergency Exceptions: Those granted humanitarian or emergency exceptions by the Director of the CDC in limited circumstances for individuals who need to travel to the U.S. for their health and safety and are unable to complete the vaccine requirement before doing so. These individuals should contact the U.S. embassy or consular post nearest to their country providing relevant information about the request. The post will then transmit the information to CDC.
Limited Vaccine Availability: Citizens of a country with less than 10% of the population vaccinated with any available COVID-19 vaccine, who seek to enter the United States pursuant to a nonimmigrant visa, except for a B-1/B-2 visa. See below for additional information on this exception. A passport/proof of citizenship AND a valid nonimmigrant visa that is not a B-1/B-2 visa will need to be shown.
Members of the U.S. Armed Forces and their Spouses and Children: These individuals will need to show a U.S. military identification document, such as a military ID, Common Access Card, DEERS ID card, or other proof that the individual is a member or spouse/child of a member of the U.S. Armed Forces.
National Interest Exceptions: Those whose entry would be in the national interest, as determined by the Secretaries of State, Transportation, Homeland Security or their designees. These individuals will need to show an official U.S. government letter documenting approval of the exception. It is unclear if the current process for obtaining an NIE will continue.
While the Department of State has not issued information about the validity of existing NIEs in its FAQ, the U.S. Embassy in London noted in FAQ 7.6 that once Proclamation 10294 takes effect, "all travelers will need to meet new travel requirements regardless of any previous National Interest Exception they obtained." As such, it appears that previously issued NIEs will no longer be valid for purposes of the vaccination requirements.
Diplomats or Persons on Official Government Travel: Individuals seeking entry pursuant to the following visa classifications: 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 members), G-1, G-2, G-3, G-4, NATO-1 through NATO-4, or NATO-6 (or seeking to enter as a nonimmigrant in one of those NATO classifications). These individuals will need to travel with an official letter, such as a letter from the U.S. government or foreign government.
United Nations Travel: Individuals whose travel falls within the scope of section 11 of the UN Headquarters Agreement or who is traveling pursuant to United States legal obligation. If they have been invited to the United Nations, they will need a letter documenting the purpose for their travel.
Sea Crew Members: Individuals seeking entry as sea crew members traveling pursuant to C-1 and D visas, provided the crew member adheres to industry standards for the prevention of COVID-19. They must provide an official letter (paper or digital) from their employer indicating that their entry to the United States is required for the purpose of operating a vessel that will depart from a U.S. seaport.
Airline Crew Members: Individuals seeking entry to the United States as a crew member on official duty assigned by the airline or aircraft operator that involves operation of aircraft, or the positioning of crew not operating the aircraft, or are maintenance personnel or contractors whose travel purpose is for flight operation or the safety of the aircraft, are also exempt if they are operating under an air carrier’s or operator’s occupational health and safety program. To be exempt, they must provide an official letter (paper or digital) from their employer confirming the purpose of travel and that specifies that the crew member meets all other criteria to be considered not subject to the Presidential Proclamation and CDC’s Order as set forth above.
An individual may be required to attest to the exceptions before traveling to the United States, via an Excepted Covered Individual Attestation. Providing false or misleading information, including false test results or vaccination cards, may lead to criminal fines or imprisonment.
Please note:
There are no exceptions to the vaccine requirement for religious reasons or other moral convictions under the Presidential Proclamation and CDC's Order.
There are also no specific exceptions for individuals who have received a vaccine authorized by their country, that has not yet been approved or authorized by the FDA and WHO, except for diplomats.
Vaccination Requirements After Arrival
While the categories of persons above are excepted from the vaccination requirement, these individuals will be subject to more rigorous testing requirements, as well as a requirement that they be vaccinated against COVID-19 within 60 days of arriving in the United States. The Proclamation provides limited exceptions for the 60-day vaccination requirement:
Those whose intended stay is sufficiently brief.
Children whose vaccination would be inappropriate given their age.
Those who have participated or are participating in clinical trials for COVID-19 vaccination, as determined by the CDC Director.
Those for whom approved COVID-19 vaccination is medically contraindicated.
Those entering via the nonimmigrant visa categories for diplomats listed above, provided they have previously received a COVID-19 vaccine authorized or approved by their country of nationality.
It is determined that the COVID-19 vaccine is not warranted for the individual in question.
Other Required Protective Measures
Depending on the category of exception, the CDC has issued guidance indicating that excepted individuals may also be required to attest that they will:
Be tested with a COVID-19 viral test 3–5 days after arrival in the United States, unless they have documentation of having recovered from COVID-19 in the past 90 days;
Self-quarantine for a full 7 days, even if the post-arrival COVID-19 test result is negative unless they have documentation of having recovered from COVID-19 in the past 90 days; and
Self-isolate if the result of the post-arrival test is positive or if they develop COVID-19 symptoms.
The CDC recommends that all travelers follow the above steps, whether or not they are subject to the vaccine requirements or have been fully vaccinated.
In addition, a new contact tracing order issued by the CDC requires airlines to collect information for all inbound international travelers, including full name, phone number, email, and address where they can be reached in the United States. This information will be kept on hand and turned over to the CDC when requested for contact tracing purposes.
Countries with Low Vaccination Rates
As discussed in the Proclamation and confirmed via CDC guidance, individuals seeking entry with a nonimmigrant visa, other than B-1/B-2, who have a passport or proof of citizenship from a country where less than 10% of the population are vaccinated are eligible for an exception to vaccination requirements under the Proclamation. Please note that per CDC guidelines, this exception does not apply to an individual residing in a covered country but who is not a citizen of that country. A passport or other proof of citizenship for a covered country will be required to qualify.
The list of countries considered to have limited COVID-19 vaccine availability can be found here. It will be updated every three months.
Testing Requirements for Vaccinated and Unvaccinated Adults and Children
Per guidance issued after the issuance of the Proclamation, the United States is also amending testing requirements for all persons entering the country, whether the Proclamation covers them or not.
All vaccinated individuals, including American citizens, lawful permanent residents, and foreign nationals traveling to the United States on immigrant or nonimmigrant visas, will be required to produce a negative viral test (NAAT or PCR) result within three calendar days of travel to the United States, or before boarding the first flight in a series of connection to the United States. The example provided by the Department of State is as follows:
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 travelers, whether U.S. citizens, lawful permanent residents, or those who qualify for an exception under the Proclamation, will be required to show documentation of a negative test taken within one day of travel to the United States.
Children between the ages of 2 and 17 will be required to take a pre-departure test. If the child is not fully vaccinated but traveling with a fully vaccinated adult, they can show proof of a negative viral test taken within three calendar days before departure, much like vaccinated adults. If they are traveling alone, they will be subject to the same testing requirements as unvaccinated adults.
Requirements for Land and Ferry Border Crossing
On October 29, 2021 the Department of Homeland Security announced a modification to Title 19 restrictions for travel via land POEs and ferry terminals. Effective November 8, 2021, non-citizen travelers who are fully vaccinated for COVID-19 and can provide documentary proof will be allowed to enter the United States for both essential and non-essential (tourism) travel via POEs and ferry terminals. Information is not yet available concerning the time of day this change will be in effect. Per a fact sheet released by DHS, non-citizen travelers should be prepared to provide:
Proof of COVID-19 vaccination (see CDC website); and
Verbally attest to their reason for travel and COVID-19 vaccination status during a border inspection.
Per a CBP FAQ document, similar to the vaccines accepted for air travel, CBP will require proof of full COVID-19 vaccination that is approved or authorized by the FDA, as well as vaccines listed as EUL for the WHO. Children under 18 years of age will be excepted from this requirement. U.S. citizens, LPRs and those traveling for essential reasons (see below) will also be exempt from this requirement.
Starting in January 2022, DHS will require all inbound foreign national travelers seeking to enter the United States to be fully vaccinated and provide proof of the vaccination, regardless of the reason for their travel. It is unclear what exceptions will be made available once this new requirement is in place.
While none of the CBP announcements gave a particular date for January 2022, on October 21, 2021 in two Federal Register notices concerning travel from Canada and Mexico, DHS extended Title 19 restrictions for non-essential travel, including exceptions for non-vaccinated foreign nationals on essential travel, through January 21, 2022.
Essential travel continues to be allowed for unvaccinated individuals and includes, but is not limited to:
U.S. citizens and lawful permanent residents returning to the United States;
Individuals traveling for medical purposes (e.g., to receive medical treatment in the United States);
Individuals traveling to attend educational institutions;
Individuals traveling to conduct essential work in the United States;
Individuals traveling for emergency response and public health purposes;
Individuals engaged in lawful cross-border trade;
Individuals engaged in official government travel or diplomatic travel; and
Members of the U.S. Armed Forces and their children and/or spouses returning to the United States and individuals engaged in military-related travel or operations.
Impact on Individuals Seeking Humanitarian Protection
The proclamation states that it does not limit the ability of individuals to apply for asylum, refugee status, withholding of removal, or protection under the Convention Against Torture.
Termination
The proclamation will remain in effect until terminated by the president. The Secretary of Health and Human Services will, after no more than 60 days, and the final day of each calendar month after, recommend whether the Proclamation should be continued, modified, or terminated.
U.S. to Open Air Travel to Most Vaccinated Foreign Passengers
The United States plans to ease travel restrictions on all fully vaccinated foreign visitors starting in November, the White House said Monday, relaxing a patchwork of regional COVID-19 travel bans.
The new rules will require all foreign nationals arriving in the United States to show proof of being fully vaccinated, the White House Covid-19 response coordinator Jeff Zients said. He said the new rules would take effect in early November, a timeline that will give agencies and airlines "time to prepare." Zients said the White House would defer to the CDC on the definition of "fully vaccinated," including on which vaccines qualify. The Financial Times was first to report the news.
The lifting of blanket restrictions on travel to the United States from certain countries will come as welcome news to thousands of foreign nationals with families and employment in the United States who have had travel plans stymied almost the entire pandemic.
Fully vaccinated foreign nationals and American citizens returning to the United States from abroad will be required to take a pre-departure Covid-19 test within three days of their flight, and show proof of a negative result before boarding. Unvaccinated Americans returning to the US will be "subject to stricter testing requirements," Zients said, including a test within one day of departure and an additional test when they return.
Fully vaccinated passengers will not be subject to any quarantine mandates upon arrival in the US.
The US Centers for Disease Control and Prevention plans to issue a contact tracing order requiring airlines to collect information from US-bound travelers, including a phone number and email address, to alert travelers of potential exposure. Airlines will be required to keep contact tracing information for 30 days.
If you have concerns about travel to the U.S. from abroad, please contact us.
BREAKING: Dep't of State Extends Validity of Exceptions for Travelers Subject to COVID-Related Presidential Proclamations
On July 6, 2021, the U.S. Department of State posted guidance on its website confirming that National Interest Exceptions (NIE) to the Geographic COVID-19 Travel Bans issued in the last 12 months are automatically extended for 12 months from the date of approval, and for multiple entries, as long as they are used for the purpose under which they were granted (for example, traveling to provide vital support or executive direction to critical infrastructure projects, entry as an F-1 student, etc.). The extension applies to NIEs for travelers subject to Presidential Proclamations 9984 (China), 9992 (Iran), 10143 (Schengen Area, U.K., Ireland, Brazil, and South Africa), and 10199 (India). More information on the Geographic COVID-19 Related Travel Bans can be found here.
U.S. Customs and Border Protection (CBP) maintains independent authority from the Department of State, and CBP has not issued guidance as to whether CBP-issued NIEs will also be extended.
Admission to the U.S. remains at the discretion of CBP and issuance of a visa or approval of an NIE does not guarantee entry into the U.S.
If you have questions about international travel and the Geographic COVID-19 Related Travel Bans, contact one of our attorneys.
President Biden reinstates COVID-related entry bans on UK, Ireland, Schengen Area, and Brazil; Expands ban to South Africa (updated Jan. 27, 2021)
Today, President Biden issued a Proclamation to restrict and suspend the entry into the United States, as immigrants or nonimmigrants, of noncitizens of the United States (“noncitizens”) who were physically present within the Schengen Area, the United Kingdom (excluding overseas territories outside of Europe), the Republic of Ireland, the Federative Republic of Brazil, and the Republic of South Africa during the 14-day period preceding their entry or attempted entry into the United States. The Proclamation goes into effect at 12:01 AM EST on Tuesday, January 26, 2021, and the restrictions on travel from South Africa go into effect at 12:01 AM EST on Saturday, January 30, 2021.
The Proclamation reimposes COVID-related bars for those traveling from the UK, Ireland, Schengen Area and Brazil that were set to expire tomorrow under a proclamation by former President Trump, and extends the ban to those traveling from South Africa. The bars are tied to the ongoing transmission of three variants of COVID-19 originating in the UK, Brazil, and South Africa which may lead to increased spread of the disease or reinfection.
The Proclamation does not apply to:
any lawful permanent resident of the United States;
any noncitizen national of the United States;
any noncitizen who is the spouse of a U.S. citizen or lawful permanent resident;
any noncitizen who is the parent or legal guardian of a U.S. citizen or lawful permanent resident, provided that the U.S. citizen or lawful permanent resident is unmarried and under the age of 21;
any noncitizen who is the sibling of a U.S. citizen or lawful permanent resident, provided that both are unmarried and under the age of 21;
any noncitizen who is the child, foster child, or ward of a U.S. citizen or lawful permanent resident, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications;
any noncitizen traveling at the invitation of the United States Government for a purpose related to containment or mitigation of the virus;
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;
any noncitizen seeking entry into or transiting the United States pursuant to one of the following visas: 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 members), G-1, G-2, G-3, G-4, NATO-1 through NATO-4, or NATO-6 (or seeking to enter as a nonimmigrant in one of those NATO categories), or whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement;
any noncitizen who is a member of the U.S. Armed Forces and any noncitizen who is a spouse or child of a member of the U.S. Armed Forces;
any noncitizen whose entry would further important United States law enforcement objectives, or whose entry would be in the national interest.
We have received confirmation from Department of State that the "National Interest Exceptions for Certain Travelers from the Schengen Area, United Kingdom, and Ireland” remain in place and will continue.
President Trump Issues Proclamation Suspending Entry of Certain H, J, and L Nonimmigrants through December 2020 (June 22, 2020; updated July 2, 2020)
On June 22, 2020, the president issued a proclamation titled Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak, that will go into effect at 12:01 a.m. EDT on June 24, 2020.
Section 1 of the proclamation extends the effective dates of the President’s April 22 Proclamation titled Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak. This proclamation suspended entry of certain new immigrants who do not already have an approved immigrant visa. It was originally valid for 60 days, until June 22, 2020. The new proclamation extends the period for an additional 4 months, until December 31, 2020.
Section 2 of the proclamation suspends "entry into the United States of any alien seeking entry pursuant to any of the following nonimmigrant visas" until December 31, 2020, subject to certain exceptions:
"an H-1B or H-2B visa, and any alien accompanying or following to join such alien [H-4];"
"a J visa, to the extent the alien is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any alien accompanying or following to join such alien;"
"an L visa, and any alien accompanying or following to join such alien."
Importantly, the entry bar for those in J Exchange Visitor categories does not apply to exchange categories other than those listed. For example, it does not apply to participants in the J professor, research scholar, short-term scholar, college or university student, or ECFMG alien physician categories.
Section 3 of the proclamation establishes that this entry bar applies only to an individual who:
"(i) is outside the United States on the effective date of this proclamation;
(ii) does not have a nonimmigrant visa that is valid on the effective date of this proclamation; and
(iii) does not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission."
An amendment to the proclamation was issued on June 29, attempting to clarify the visa issue and appearing to confirm that visa exempt individuals, such as Canadian citizens, are not covered by the proclamation.
The new section 3 reads:
Sec. 3. Scope of Suspension and Limitation on Entry. (a) The suspension and limitation on entry pursuant to section 2 of this proclamation shall apply only to any alien who:
(i) is outside the United States on the effective date of this proclamation;
(ii) does not have a nonimmigrant visa, of any of the classifications specified in section 2 of this proclamation and pursuant to which the alien is seeking entry, that is valid on the effective date of this proclamation; and
(iii) does not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission.
Despite that Section 3 appears to require both that the person was outside the U.S. on the effective date and lacked a valid H, L or J visa on the effective date in order to be subject to the proclamation, the Department of State has announced its position not to issue any of the impacted visas through December 31, 2020. This means that even if a person was present in the U.S. with a valid visa on June 24, if that person departs the U.S. and requires visa re-stamping, they will be unable to do so during the proclamation’s effectiveness. If you are in the designated H, L, or J statuses you SHOULD NOT TRAVEL ABROAD without first speaking with a qualified immigration attorney.
In addition, the proclamation does not apply to:
"(i) any lawful permanent resident of the United States;
(ii) any alien who is the spouse or child, as defined in section 101(b)(1) of the INA (8 U.S.C. 1101(b)(1)), of a United States citizen;
(iii) any alien seeking to enter the United States to provide temporary labor or services essential to the United States food supply chain; and
(iv) any alien whose entry would be in the national interest as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees."
The “national interest waivers” in Section 3(b)(iv) are intended to include those that:
are critical to the defense, law enforcement, diplomacy, or national security of the United States;
are involved with the provision of medical care to individuals who have contracted COVID-19 and are currently hospitalized;
are involved with the provision of medical research at United States facilities to help the United States combat COVID-19; or
are necessary to facilitate the immediate and continued economic recovery of the United States.
Additional Measures Called for by the Proclamation
Section 4 directs that, "Within 30 days of June 24, 2020, and every 60 days thereafter while this proclamation is in effect, the Secretary of Homeland Security shall, in consultation with the Secretary of State and the Secretary of Labor, recommend any modifications as may be necessary.”
Section 5 calls on the agencies to take substantial "additional measures," such as:
Directing the U.S. Department of Labor and U.S. Department of Homeland Security to ensure compliance with the permanent labor certification (PERM) and temporary labor condition application (LCA) statutory rules that are designed to protect U.S. workers;
Directing DHS and U.S. Department of State to ensure compliance with biographic and biometric data collection requirements;
Directing DHS to "take appropriate and necessary steps, consistent with applicable law, to prevent certain aliens who have final orders of removal; who are inadmissible or deportable from the United States; or who have been arrested for, charged with, or convicted of a criminal offense in the United States, from obtaining eligibility to work in the United States."
Directing DHS to "consider promulgating regulations or take other appropriate action regarding the efficient allocation of visas pursuant to section 214(g)(3) of the INA (8 U.S.C. 1184(g)(3)) and ensuring that the presence in the United States of H-1B nonimmigrants does not disadvantage United States workers."