President Biden Revokes COVID-19 Related U.S. Travel Bans and Imposes New Vaccination Requirement

In a Proclamation effective November 8, 2021 at 12:01am, President Biden revoked U.S. bans against nonimmigrant travelers from several countries and created a new global vaccination requirement for all U.S. nonimmigrants arrivals by air. A synopsis of the Proclamation and related travel requirements follows: Background and Full Discussion In an effort to limit the spread of COVID-19 within the U.S., the Trump and Biden administrations issued a series of Proclamations throughout 2020 and 2021 that restricted travel from China (PRC), Iran, EU Schengen Area, United Kingdom, Ireland, Brazil, South Africa, and India. President Biden has determined that the development and widespread distribution of effective COVID-19 vaccines warrants a shift from a country-by-country mitigation scheme to one focused on an individual’s vaccination status. To that end, President Biden has revoked all prior Proclamations restricting travel to the U.S. and has replaced them with “A Proclamation on Advancing the Safe Resumption of Global Travel During the COVID-19 Pandemic” on October 25, 2021. The complete text of the Proclamation can be found here. Pursuant to the Proclamation, all foreign national nonimmigrants seeking to enter the U.S. must present evidence that they have been fully vaccinated before embarking on a U.S.-bound flight anytime on or after November 8, 2021 at 12:01 EST. Travelers need not have been fully vaccinated when they apply for their visa stamp, if required, but must be fully vaccinated by the time they board the aircraft. Following the Proclamation, the CDC issued companion guidance about the types of vaccines that will satisfy the “fully vaccinated” requirement. The CDC’s current list of acceptable vaccines includes: An individual is considered to be “fully vaccinated” after fourteen (14) days has elapsed since completing the full course of treatment for their particular vaccine. Additional guidance from the CDC about acceptable vaccines and proof of vaccinations can be found here. Fully vaccinated international travelers (including U.S. citizens and Lawful Permanent Residents) must continue to provide evidence of either a negative COVID-19 result from a test taken within 72 hours prior to embarkation, or proof of recovery from COVID-19 infection. The following classes of nonimmigrant are exempt from the vaccination requirement: As stated above, the Proclamation provides no exceptions for moral or religious objection to vaccination. Exempted nonimmigrants must still comply with several public heath requirements, including: U.S. citizens and Lawful Permanent Residents do not fall within the scope of the Proclamation; however, they remain subject to the following CDC requirements: For more information, please contact Lori Geisinger at lgeisinger@outsidegc.com or Edward Farwell at efarwell@outsidegc.com.
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