October 25, 2021

Volume XI, Number 298

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October 25, 2021

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CDC Issues New COVID-19 Vaccination Requirements for Green Card Applicants

Effective October 1, 2021, and in compliance with new instructions from the U.S. Centers for Disease Control and Prevention (CDC), COVID-19 vaccinations will be required for applicants for lawful permanent residence (i.e., green card status). On August 17, 2021, the CDC announced in guidance for civil surgeons that the new requirement will apply to persons who are seeking to adjust their immigration status within the United States as well as those applying for an immigrant visa at U.S. consulates abroad.

The CDC is responsible for ensuring that noncitizens entering the United States do not have health conditions that would pose a threat to the public health of this country. As such, a medical examination is required by CDC regulations as a means of evaluating the health of persons applying for adjustment of status as permanent residents in the United States. According to the CDC, “COVID-19 meets the definition of a quarantinable communicable disease,” and “[s]pecifically … meets the definition of severe acute respiratory syndromes …, thus making it a Class A Inadmissible Condition.” The U.S. Citizenship and Immigration Services (USCIS) policy manual defines Class A conditions as “medical conditions that render a person inadmissible and ineligible for a visa or adjustment of status.”

At the time of the medical examination, the CDC guidance states that green card applicants must present evidence of completing the entire vaccine series (one or two doses depending on the vaccine formulation). To demonstrate they have completed the vaccination series, applicants may present their official vaccination record or a copy of their medical chart showing they have been vaccinated against COVID-19. The United States will not accept “self-reported vaccine doses without written documentation” from a doctor or medical professional. The acceptable versions of the vaccine include those manufactured by Pfizer-BioNTech, Moderna, and Janssen (Johnson & Johnson).

The CDC further noted that “there are specific blanket waivers that cover reasons why an applicant did not receive the required vaccination.” These blanket waivers include those granted for individuals who are not yet at the age recommended for the current formulations (i.e., children under 12 years of age). Additionally, a waiver may apply “[i]f an applicant has a contraindication or precaution to the COVID-19 vaccine formulation available,” such as an allergy. Another waiver may be provided if the vaccine is not available where the civil surgeon is practicing. The CDC stated that civil surgeons should document the applicant’s reason for not receiving the vaccination as “not routinely available” and no additional waiver request to USCIS is needed.

If an applicant declines a COVID-19 vaccination for other reasons, such as on the basis of moral or religious grounds, the applicant must submit an individual waiver request to USCIS. At its sole discretion, USCIS will determine whether the waiver will be granted. If the applicant refuses the vaccination, whether in part or the entire series, the applicant may be found inadmissible for lawful permanent resident status.

The COVID-19 vaccine is the latest to join the list of required vaccinations. USCIS requires all green card applicants to receive vaccinations for eight specified diseases, and “[a]ny other vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices.” The U.S. Department of State also lists 14 required vaccinations for immigrant visa applicants seeking entry to the United States.

© 2021, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.National Law Review, Volume XI, Number 250
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About this Author

Ayumary M. Fitzgerald Immigration Attorney Ogletree Deakins Raleigh
Counsel

Ayu is Counsel in the Raleigh, N.C. office’s immigration practice. Ayu focuses her practice on employment-based immigration benefits. Before joining Ogletree Deakins, Ayu represented a multinational corporation and managed employment-based immigration petitions from inception to completion.

Ayu has advised foreign nationals and client representatives throughout their nonimmigrant and immigrant cases. Ayu managed non-immigrant cases such as H1B, TN, E3, L1, and O1 petitions. She also managed immigrant matters such as I-140, AOS, EB-1(c), and PERM...

919-233-9868
Associate

*Licensed to practice in Virginia only. Practice solely limited to federal immigration.

Meagan Dziura has worked advising multinational corporations on employment-related immigration issues since 2014.  Her clients include both large and small companies in a variety of industries such as universities, clinical research, and manufacturing. Ms. Dziura specializes in full service immigration program management, including I-9 and public access file audits.

Ms. Dziura oversees all types of lawful permanent residence applications, including those based on labor certification (PERM...

919-760-4128
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