HR Legalist

New COVID-19 Vaccination and Testing Protocols Effective November 8th; Prior Travel Restrictions/NIE Regime Has Been Rescinded

Effective November 8, 2021, the U.S. government has rescinded the much bemoaned geography-based travel restrictions and National Interest Exception (NIE) regime that was implemented through a series of Presidential Proclamations. This blog will summarize the new requirements for travelers to the United States.

Before diving in, we also want to remind U.S. citizens and permanent residents of two important things: (1) you, too, are subject to portions of the new travel requirements (see below); and (2) for persons seeking to travel internationally, it is imperative that you check existing travel, vaccination, testing, and quarantine protocols in the destination country prior to departure. These rules can be complex and can change overnight. Please contact us for assistance before leaving the country to avoid any issues.

U.S. Citizens & Lawful Permanent Residents

If fully vaccinated:

• Present acceptable evidence of full vaccination;
• Present proof of negative COVID-19 test taken within 3 days before the flight’s departure OR if you recently recovered from COVID-19, documentation of recovery (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).
  • Applicable to travelers 2 years of age and older.
• Complete a health attestation and contact tracing information requests.

If not fully vaccinated:

• Present proof of negative COVID-19 test taken within ONE day before the flight’s departure OR if you recently recovered from COVID-19, documentation of recovery (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).
  • Applicable to travelers 2 years of age and older.
• Complete a health attestation and contact tracing information requests.

Nonimmigrants (e.g.- visa holders of E, F, J, H, L, O, P and more):

• Present acceptable evidence of full vaccination with an approved vaccine (see below), or qualify for an exception to the vaccination requirement;
• Present a negative viral COVID-19 test result taken within 3 days of flight departure; and
  • Applicable to travelers 2 years of age and older.
• Complete a health attestation and provide contact tracing information requested by airlines before boarding a flight to the United States.

Intending Immigrants

Intending immigrants are now subject to new COVID-19 vaccination rules, as we reported on here.

Acceptable Vaccines

Note that for vaccines that require a multi-dose series, the individual must have received both doses. The government considers a person fully vaccinated two weeks (14 days) after the last dose of an accepted vaccine series (whether one- or two-dose). “Mix-and-match” vaccine doses will be accepted as long as both vaccines are on the FDA or WHO lists and the doses are administered at least 17 days apart.

Currently accepted vaccines:

• Janssen/J&J
• Pfizer-BioNTech
• Moderna
• AstraZeneca
• Covaxin
• Covishield
• BIBP/Sinopharm
• Sinovac

Who is Exempted/Excepted:

The following classes of travelers will be exempted/excepted from the new protocols and will not be required to be vaccinated in order to board a flight to the U.S.:

• Nonimmigrant Children under 18;
• Foreign nationals with valid U.S. visas (other than B-1 or B-2 visas) who are citizens of countries with limited vaccine availability, as identified by the CDC.
• Those with documented medical contraindications to the COVID vaccine;
• Persons issued a humanitarian or emergency exception;
• Certain COVID vaccine clinical trial participants;
• Certain aircrew  members; 
• Sea crew members traveling with a C-1 or D nonimmigrant visa;
• Members of the U.S. armed forces, their spouses, and their children under 18;
• Persons on diplomatic or official foreign government travel; and 
• Individuals whose entry would be in the U.S. national interest, as determined by the U.S. Department of Homeland Security, Transportation or State. These exceptions are expected to be granted in rare circumstances only. Crucially, national interest exceptions (NIE) issued under the former regional COVID-19 travel bans are no longer valid and will not exempt a foreign national from the new vaccination requirement. 

There are no exceptions for religious or moral objections related to the vaccine.

This blog post summarizes the key provisions of the new U.S. travel regime. This is a complex and evolving landscape. You should work with your immigration attorney to ascertain the requirements applicable to you well in advance of your intended travel to the U.S.

The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.