U.S. Presidential Proclamation Issued Rescinding and Replacing Geographic COVID-19 Travel Bans

On October 25, 2021, the White Home introduced the President’s new Proclamation on Advancing the Protected Resumption of World Travel In the course of the COVID-19 Pandemic. The brand new journey Proclamation will take impact on November 8, 2021, and will exchange the geographic COVID-19 journey bans with proof of vaccination necessities for all nonimmigrant vacationers searching for to enter the USA, with very restricted exceptions. As we beforehand posted, this Proclamation will govern the entry of nonimmigrants from any a part of the world getting into the USA by air, however is not going to have an effect on visa issuance. For instance, somebody who just isn’t totally vaccinated on the time of a visa appointment or interview may nonetheless be issued a visa by a U.S. consulate. Nonetheless, that particular person would nonetheless must be totally vaccinated to be admitted to the USA.

Who can be affected by the proclamation?  

Nonimmigrant air vacationers to the U.S. can be required to point out proof that they’re fully vaccinated with an appropriate COVID-19 vaccine. Nonimmigrants touring to the USA by air should present proof of their totally vaccinated standing previous to boarding an plane destined for the USA. The CDC defines totally vaccinated as two weeks after the final required dose.

The CDC has decided that for functions of those journey restrictions, acceptable COVID vaccines will embody FDA accepted or approved and World Well being Group (WHO) emergency use listed vaccines that are the Pfizer-BioNTech, Moderna, and Johnson & Johnson, Oxford-AstraZeneca, Covishield, BIBP/Sinopharm, and Sinovac vaccines.

What kind of documentation of vaccination can be accepted?

The CDC guidance specifies which paperwork can be accepted by airways and plane operators for proof of COVID-19 vaccination, together with digital or paper documentation. The CDC steerage additionally signifies that vaccination information indicating a “mix-and-match” of the accepted vaccinations could be acceptable documentation of vaccination below the Proclamation.

As well as, per CDC guidance, airways or plane operators should evaluation every passenger’s paper or digital proof of COVID-19 vaccination to substantiate:

  • The biographical data (at a minimal, full identify, and date of delivery) on the proof of vaccination matches the passenger’s passport or different journey identification doc; AND

  • The passenger meets CDC’s definition of totally vaccinated towards COVID-19.

Who’s exempted from the proclamation?

  • S. residents, U.S. nationals, and U.S. lawful everlasting residents.

  • Youngsters below 18.

  • People with sure medical points for whom a COVID-19 vaccination is contraindicated or inappropriate.

  • Diplomats, international officers, and workers of worldwide organizations.

  • S. Armed Forces members, their spouses, and kids.

  • Sea crew members.

  • Sure COVID-19 vaccine scientific trial contributors.

  • Those that have to journey for emergency or humanitarian causes, and have a U.S. government-issued letter affirming the pressing have to journey.

  • Non-immigrant visa vacationers, aside from B-1 or B-2 visa holders, from international locations the place the provision of COVID-19 vaccination is restricted.

  • Any international nationwide whose entry could be within the nationwide curiosity as decided by the Secretary of State.

Extra entry necessities 

  • All totally vaccinated vacationers, together with U.S. residents and everlasting residents, should present proof of a adverse take a look at taken not more than three days earlier than embarking on a flight to the U.S.

  • Unvaccinated U.S. residents and everlasting residents and international nationals receiving exemptions would wish to supply proof of a adverse COVID-19 take a look at inside someday prior to their departure flight to the U.S.

  • Youngsters between the ages of two and 17 should take a pre-departure take a look at and present proof of a adverse COVID-19 take a look at.

  • If touring with a totally vaccinated grownup, an unvaccinated little one can take a look at three days earlier than departure (in step with the timeline for totally vaccinated adults). If an unvaccinated little one is touring alone or with unvaccinated adults, they should take a look at inside someday of departure.

Restricted Exceptions from Vaccination and Testing Necessities

The Proclamation and CDC steerage don’t embody any exceptions primarily based on spiritual or ethical convictions.  As referenced above, vacationers searching for an exception for humanitarian causes might want to get hold of a “U.S. government-issued letter affirming the urgent need to travel.” Moreover, the White Home Proclamation Fact Sheet indicated “those who receive an exception will generally be required to attest they will comply with applicable public health requirements, including, with very limited exceptions, a requirement that they be vaccinated in the U.S. if they intend to stay here for more than 60 days.”

Moreover, CDC indicated it could grant humanitarian exemptions for the testing necessities in restricted circumstances just for somebody who “must travel to the United States to preserve health and safety (e.g., emergency medical evacuations) and is unable to access or complete the testing requirement before travel.” Nationwide Curiosity Exceptions is not going to be granted as broadly as they’ve been previously for the country-by-country COVID-19 journey bans. Exemption requests must be submitted to the closest U.S. Embassy or Consulate.

Reopening of U.S. Land Border and Ferry Terminals to Non-essential Travel

In line with these modifications, the U.S. Division of Homeland Safety (DHS) simply announced particulars to carry restrictions at land border crossings (alongside the borders with Canada and Mexico) and ferry terminal ports of entry (POEs) on November 8, 2021 for vaccinated international nationals. As of November 8th, totally vaccinated, international nationwide vacationers with acceptable documentation can be permitted to enter the USA for non-essential journey (i.e., tourism) through land POEs and ferry terminals. Upon arrival on the POE, the traveler must be ready to: current proof of COVID-19 vaccination as outlined above and on the CDC web site; and, verbally attest to their cause for journey and COVID-19 vaccination standing. Unvaccinated vacationers, till additional modifications are applied in January 2022, could proceed to cross the border for important functions together with lawful commerce, work, emergency response, and public well being functions. This consists of U.S. residents and everlasting residents.

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