December 4, 2022

Volume XII, Number 338

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Country-Specific International Travel Restrictions Will Be Rescinded November 8, 2021

Beginning November 8, 2021, international travelers subject to CDC country-specific travel restrictions will be able to resume travel to the U.S. without applying for an exemption. The current travel restrictions apply to certain travelers from China, Iran, the European Schengen area (the EU), the United Kingdom, the Republic of Ireland, Brazil, South Africa and India, and prohibit a foreign national who does not qualify for an exemption from traveling to the U.S. if they have been physically present in one of the designated countries 14 days in advance of their arrival to the U.S. These restrictions will be rescinded and replaced by new travel restrictions based on individual vaccination status:

  • Beginning November 8, 2021, all adult foreign national (i.e. non-immigrant, non-citizen) travelers will be required to prove that they have been fully vaccinated against COVID-19 and provide proof of a negative COVID-19 test within 3 days of boarding a flight to the United States. There will be very limited exceptions to this policy.

  • U.S. citizens and lawful permanent residents who are fully vaccinated against COVID-19 will still be required to provide proof of a negative COVID-19 test within 3 days of boarding a flight to the United States.

  • U.S. citizens and lawful permanent residents who are not fully vaccinated, or who cannot provide proof of full vaccination, will be required to provide proof of a negative COVID-19 test within 1 day of boarding a flight to the United States.

  • Airlines will verify a traveler’s negative COVID-19 test result and vaccination status.

  • Airlines will be required to collect comprehensive contact information for every passenger arriving in the United States, and provide that information to the CDC on request, and will be required to contact travelers who have been exposed to COVID-19.

  • Children under 18 are exempted from the vaccination requirement.

  • Children between 2 and 17 must present a negative COVID-19 test result.

    • If traveling with vaccinated adult, the 3-day testing requirement applies.

    • If traveling alone, or with unvaccinated individuals, a 1-day testing requirement applies.

  • Proof of vaccination must be a paper or digital record issued by an official source with the traveler’s name and date of birth, and the name and date of the administered vaccine doses.

  • Land travel at the U.S.-Canada and U.S.-Mexico borders is permitted for all fully vaccinated travelers, regardless of purpose of travel. Unvaccinated travelers must continue to demonstrate that their purpose of travel is essential. The essential travel requirement for unvaccinated travelers remains in effect through January 21, 2022. After January 21, 2022, all foreign national travelers, whether entering for essential or non-essential reasons, must be fully vaccinated.

  • Limited exceptions will be provided for the following classes of non-citizen, non-immigrant travelers:

    • Persons on diplomatic or official foreign government travel

    • Children under 18 years of age

    • Persons with documented medical contraindications to receiving a COVID-19 vaccine

    • Participants in certain COVID-19 vaccine trials

    • Persons issued a humanitarian or emergency exception

    • Persons with valid visas [excluding B-1 (business) or B-2 (tourism) visas] who are citizens of a foreign country with limited COVID-19 vaccine availability

    • Members of the U.S. Armed Forces or their spouses or children (under 18 years of age)

    • Sea crew members traveling with to a C-1 and D nonimmigrant visa

    • Persons whose entry would be in the national interest, as determined by the Secretary of State, Secretary of Transportation, or Secretary of Homeland Security (or their designees)

  • Exempted travelers must take a viral test within 3-5 days of arrival and self-quarantine for a full seven days regardless of test result. For those who intend to stay in the U.S. for 60 days or longer, they must become fully vaccinated within 60 days of arrival or as soon as medically appropriate.

This is welcome news for international travelers from the 33 countries affected by the travel restrictions who have not been able to qualify for an exemption. Under the current travel restrictions, set to expire November 8, 2021, U.S. citizens, lawful permanent residents and their spouses are exempt, as well as parents of U.S. citizen minor children (under age 21). Otherwise, affected travelers must apply for a National Interest Exemption through a U.S. Consulate abroad.

For more information on the new travel policies, please view this information from the Department of State and the CDC.

© 2022 Miller, Canfield, Paddock and Stone PLC National Law Review, Volume XI, Number 305
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About this Author

Julianne Cassin Sharp Immigration Attorney Miller, Canfield, Paddock and Stone Detroit, MI
Principal

Julianne Cassin Sharp leads the firm's Immigration practice team. She has represented companies and individuals in the areas of business-based and family-based immigration law for 18 years. 

Her areas of expertise include but are not limited to immigrant petitions, nonimmigrant petitions, foreign labor certification, adjustment of status applications, waivers, naturalization, consular processing, and advising companies on corporate compliance audits and risk assessment.

Julianne has represented clients in the U.S. Immigration Court and before all branches of the U.S....

313.496.7667
Elizabeth Baker Immigration Lawyer Miller Canfield Law Firm
Associate

Beth Baker is an employment-based immigration attorney with hands-on experience managing the nonimmigrant, immigrant, PERM labor certification and permanent residence process for large, multinational clients.

Her experience includes advising and counseling Fortune 500 clients, start-ups, and small business owners in the banking, utilities, IT, automotive, manufacturing, engineering, construction, and architecture industries.

Representative engagements include the following:

  • Co-counsel client regarding Department of Justice investigation into possible claim of...
313-96-7523
Christopher M. Dutot Attorney Immigration Miller Canfield Detroit
Associate

Christopher Dutot is an immigration attorney with extensive background working with clients in the IT, automotive and health care sectors. He has helped both businesses and individuals with immigrant, non-immigrant and naturalization matters. 

Chris is a member of the American Immigration Lawyers Association, Michigan Chapter, and chairs the group's Practice Management Committee. He is a graduate of University of Detroit Mercy School of Law and Central Michigan University.

313-496-7529
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