On October 25, 2021, the United States President gave a proclamation regarding international travel to the US following the existing restrictions placed due to the COVID-19 pandemic. The proclamation revised those restrictions and now has allowed international travel to the US to resume, provided that air travelers are fully vaccinated. Therefore, this article explains this change in detail with an overview of the parameters of this change.
1. Existing Limitations on Entering the United States Will Be Revoked
The presidential proclamation has revoked the existing (or previous) limitations and suspensions of immigrants entering the country. The previous restrictions that will now be revoked include:
- January 31, 2020: Proclamation 9984, which suspended entry into the US for those persons (non-immigrants and immigrants)who posed a risk of transmitting the 2019 Coronavirus Novel
- February 29, 2020: Proclamation 9992, which suspended entry into the US for those certain additional persons (immigrants and nonimmigrants) who posed a risk of transmitting the 2019 Novel Coronavirus
- January 25, 2021: Proclamation 10143, which suspended entry into the US for those certain additional persons (immigrants and nonimmigrants) who posed a risk of transmitting the COVID-19 disease
- April 30, 2021: Proclamation 10199, which suspended entry into the US for those certain additional persons (nonimmigrants) who posed a risk of transmitting the COVID-19 disease
2. The Requirement for Being Fully Vaccinated Against COVID-19
Noncitizens (nonimmigrants) who are not vaccinated fully against COVID-19 are suspended and limited from entering the United States via air travel. There are exceptions to this rule, as discussed later in this article. Visa issuance will not be affected because this requirement is for air travel to the US only.
Noncitizens (non-immigrants) who are not vaccinated fully against COVID-19 can still enter the US via air travel if they have any of the following visa categories:
- A-1
- A-2
- C-2
- C-3 (as an official of a foreign government or an official’s immediate family member)
- E-1 (as an employee of TECO or TECRO or the immediate family member of an employee),
- G-1
- G-2
- G-3
- G-4
- NATO-1 through NATO-4,
- NATO-6 (or one who seeks to enter the US as a nonimmigrant via one of the NATO classifications)
However, all of these persons must comply with appropriate Centers for Disease Control and Prevention (CDC) public health precautions for protection against the COVID-19 risks posed by travelers entering the US. Therefore, these precautions may include vaccination, mask-wearing, testing, self-isolation, and self-quarantine.
In addition to that, the persons entering the US must agree to become fully vaccinated against the COVID-19 diseases within 60 days of arriving in the country. The persons will also need to provide proof of making relevant arrangements to get fully vaccinated. There are, however, some limitations to this rule, which include a brief stay, having participated in COVID-19 vaccine clinical trials, a certain age group, cannot take it due to medical condition, or the CDC deems it unwarranted.
3. Who Won’t Be Suspended or Limited to Enter the US Under this Proclamation?
There are some persons who may not be required to have full vaccination to be able to enter the US, as mentioned above. Here is a list of people who can enter the country without being fully vaccinated against the coronavirus diseases 2019 prior to air travel.
- Airline crew members or other aircraft operators who adhere to industry standards for preventing the transmission of the COVID-19 disease
- All those of the visa categories mentioned above
- Noncitizens who are traveling within the scope of the United Nations Headquarters Agreement section 11who are traveling under the US legal obligation (an invitation letter from the UN or other documentation that indicates the travel’s purpose must be presented as evidence)
- Noncitizens from a certain age group for which vaccination is unnecessary, i.e., children who are under the age of 18 years
- Noncitizens who have participated in COVID-19 vaccine clinical trials
- Noncitizens who cannot be vaccinated due to medical contraindication (determined by the CDC)
- Noncitizens who the CDC grants an exception for due to entering the country based on emergency or humanitarian reasons
- Noncitizens from countries where the COVID-19 vaccine is unavailable
- Noncitizens who are part of the US Armed Forces or the immediate family member of a US Armed Forces member (spouse and children)
- Noncitizens who are entering the country as sea crew members according to a C-1 and D nonimmigrant visa
4. The Date That This Proclamation Will Be Effective
This proclamation will be effective on November 8, 2021, at 12:01 am eastern standard time. It should be noted that the proclamation will not be applicable to persons that are aboard a flight scheduled to arrive in the US that departed before this date and time. This proclamation will stay in effect until the US President does not terminate it.
The purpose of this proclamation is to ensure that international air travel to the US is possible for the most part. In addition to allowing families to be reunited, it also can help in improving the economy through opportunities for tourism. The requirements for full vaccination against the coronavirus disease 2019, according to the proclamation, will be determined by the CDC. The CDC mentioned that it accepts those vaccines against the virus that US regulators deem acceptable or that which the World Health Organization deems acceptable. Moreover, mixed doses of the vaccine are also acceptable.
If you have questions or want to access additional information about US or Canadian Immigration and Nationality Laws, please feel free to get in touch with the immigration and nationality lawyers at the NPZ Law Group. If you have more questions about how these laws in the US may impact you or your family, contact the lawyers specialized in US Immigration and Nationality laws at our law firm. You can also send us an email at info@visaserve.com, or you can call us at 201-670-0006 (x104). In addition to that, we invite you to find more information on our website at www.visaserve.com