12/03/2021 update:
On December 2, 2021, the CDC amended its order regarding testing requirements for all air passengers 2 years of age or older to require a negative test within 1 day of boarding a flight to the U.S. The new requirement goes into effect for flights departing to the U.S. from a foreign country at or after 12:01 AM EST (5:01a AM GMT) on December 6, 2021.
Original post, last updated 11/08/2021:
On October 25, 2021, the Biden Administration issued a Proclamation concerning the ongoing COVID-related travel bans. This executive action, A Proclamation on Advancing the Safe Resumption of Global Travel During the COVID-19 Pandemic, revokes the geographic-related COVID bans issued in 2020-2021 in response to the COVID-19 pandemic. It also creates a new global travel ban for unvaccinated nonimmigrant travelers, with certain exceptions. The new travel ban applies only to unvaccinated air travelers to the United States and does not affect visa issuance.
Frequently Asked Questions:
When will the geographic travel bans be lifted? The bans will be lifted and the new vaccine requirement will take effect for flights to the U.S. departing on/after November 8, 2021 at 12:01 AM ET.
Which vaccines will qualify? FDA Authorized/Approved and WHO Approved vaccines will qualify, specifically: Moderna, Johnson & Johnson, Pfizer-BioNTech, Oxford-AstraZeneca/Covishield, Sinopharm, and Sinovac. (Sputnik V will not qualify.) Mix-and-match vaccines will be accepted. The CDC considers someone as fully-vaccinated 14 days following the second of a two-dose series or 14 days after a single-dose. See the CDC website for further details.
Will a negative COVID test still be required? Yes. A negative test must be taken within 3 days of the flight for fully-vaccinated individuals. Children under two-years old and persons with documentation of recovery from COVID in the last 90 days do not need to test.
How will vaccine status be verified? Airlines will verify vaccine status as part of the boarding process. For acceptable forms of proof, refer to the CDC website.
Will there be any exceptions to the vaccine requirement? The limited exceptions include the following:
Persons on diplomatic or official foreign government travel
Children under 18 years of age
Persons with documented medical contraindications to receiving a COVID-19 vaccine
Participants in certain COVID-19 vaccine trials
Persons issued a humanitarian or emergency exception
Persons with valid visas [excluding B-1 (business) or B-2 (tourism) visas] who are citizens of a foreign country with limited COVID-19 vaccine availability
Members of the U.S. Armed Forces or their spouses or children (under 18 years of age)
Sea crew members traveling with a C-1 or D nonimmigrant visa
Persons whose entry would be in the national interest, as determined by the Secretary of State, Secretary of Transportation, or Secretary of Homeland Security (or their designees)
How will vaccine exceptions be administered? Airlines will be primarily responsible for verifying that an exception is met. For the humanitarian, emergency, or national interest exceptions, a paper or digital letter confirming approval may be issued by a U.S. Embassy or Consulate. See the CDC technical instructions for further details.
What are the requirements to travel to the U.S. for unvaccinated persons who meet one of the above exceptions?
Per the CDC website:
If you travel by air to the United States under one of these exceptions, you will be required to attest that you are excepted from the requirement to present Proof of Being Fully Vaccinated Against COVID-19 based on one of the exceptions listed above.
You must also have a negative COVID-19 test result taken no more than 1 day before travel.
Based on the category of the exception, you may have further requirements, such as attesting to the following:
You will be tested with a COVID-19 viral test 3–5 days after arrival in the United States, unless you have documentation of having recovered from COVID-19 in the past 90 days;
You will self-quarantine for a full 7 days, even if the test result to the post-arrival viral test is negative, unless you have documentation of having recovered from COVID-19 in the past 90 days; and
You will self-isolate if the result of the post-arrival test is positive or if you develop COVID-19 symptoms.
Based on the category of the exception, if you intend to stay in the United States for longer than 60 days you may additionally be required to attest that:
You agree to be vaccinated against COVID-19; and
You have arranged to become fully vaccinated against COVID-19 within 60 days of arriving in the United States, or as soon thereafter as is medically appropriate, unless (for children) you are too young to be vaccinated.
What does this mean for existing visa holders or ESTA travelers? On/after November 8, 2021 at 12:01 AM ET, existing visas and/or approved ESTAs for fully-vaccinated individuals may be used for travel without need of a National Interest Exception.
What does this mean for my upcoming visa appointment? We are awaiting guidance from the Department of State (“DOS”) on the full resumption of consular services and availability of visa appointments following months of COVID-related closures. An October 25, 2021 update to the DOS website states" “[p]lease note that the rescission of these [Proclamations] does not necessarily mean that your local U.S. embassy or consulate is able to immediately schedule all affected applicants for visa interviews.” However, “[DOS] can process visa applications for individuals physically present in the [previously banned] countries.”
Are there any travel requirements for U.S. citizens, Lawful Permanent Residents, or immigrant visa holders returning to the United States? Yes. U.S. citizens, Lawful Permanent Residents, and immigrant visa holders boarding a flight to the United States are required to show one of the following:
If you are fully vaccinated: Proof of vaccination and a negative COVID-19 test result taken no more than 3 days before travel.
If you are NOT fully vaccinated: A negative COVID-19 test result taken no more than 1 day before travel.
Children under 2 years old do not need to test. There are also accommodations for people who have documented recovery from COVID-19 in the past 90 days.
Are the Canada/Mexico land borders still closed? On October 12, DHS announced that the Canada/Mexico land borders will re-open for vaccinated travelers in November. A negative COVID test will not be required for land border travel. For updates on land border travel, please refer to this post.
Reminder: Changes are rapidly evolving and may not be immediately posted here.
© Jewell Stewart & Pratt PC 2021
