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Immigration Alert: COVID Travel Bans Rescinded

Immigration Alert: COVID Travel Bans Rescinded

Featuring Brian J. Coughlin on October 26, 2021
Oct. 26, 2021

Yesterday the White House issued a new Presidential Proclamation, which rescinds all prior, regional COVID travel bans. In place of the country-specific bans, travelers to the U.S. will now be required to show proof of vaccination, and a negative COVID test obtained within three days of travel.
  • Effective date: The Proclamation and new travel requirements take effect on November 8, 2021, at 12:01 a.m. EST.
  • Prior travel bans rescinded: The new travel requirements replace the country-specific travel restrictions that the U.S. had previously placed on Brazil, China, India, Iran, Ireland, the Schengen Area, South Africa, and the United Kingdom.
  • New travel requirements: Travelers to the U.S. must produce proof of a full COVID vaccination, prior to boarding any inbound flight from outside of the U.S. This new vaccination requirement will supplement the preexisting requirement for all international travelers to provide a negative COVID test, obtained within three days of travel.
  • Exceptions: The new vaccination rules will include exceptions, for the following categories of travelers:
    • U.S. Citizens and Lawful Permanent Residents.
    • Minor children, under the age of 18.
    • Travelers from “limited vaccine availability countries” as this term is defined by the CDC, or, where less than 10% of the total population is vaccinated.
    • Those with medical contraindications for the COVID vaccination, per CDC guidelines.
    • Travelers to the U.S. for humanitarian and emergency purposes, if preapproved by the Department of State.
    • Participants in COVID clinical trials.
    • Travelers who are deemed to be entering the country in furtherance of the “national interest” of the U.S., if preapproved by the Department of State, Homeland Security, or Transportation.
  • Acceptable proof of vaccination: Travelers may present either paper or digital proof of vaccination to airline representatives, in booking travel.
  • Impact on consular visa processing: Very notably, yesterday’s Proclamation included specific guidance on nonimmigrant visa processing, clarifying that intending travelers can obtain visa stamps with U.S. Consular authorities, without the need to show any proof of vaccination. Prior to travel, however, visa holders must comply with the new vaccination requirement, or qualify for one of the exceptions listed above.
We are continuing to monitor this situation closely. Please contact me or another member of our Immigration Practice Team if you have any questions, or would otherwise like to discuss.
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