Biden Announces Entry for Fully Vaccinated International Travel

Thursday, September 23, 2021

News sources report that White House Covid Response Coordinator Jeff Zients announced on Sept. 20 that restrictions on direct entry into the US for fully vaccinated international travelers were easing. Few details are available at the time of this writing.

The following FAQs cover some of the first questions the changes are likely to raise. Please also see our previous FAQs: International Travel After US Travel Ban Lifts – What Visa Holders Can Expect. Additional frequently asked questions and guidance will be provided as information is published from reputable sources.

What we know: Jeff Zients said the changes would go into effect “early November”. Formal announcements are expected in the coming days or weeks from the CDC and the US State Department. These announcements are likely to appear on the Department’s US Visas News website and the CDC website, Baned Travelers to the United States.

Background: The travel restrictions, originally set by President Donald Trump and subsequently tightened by President Joe Biden, restrict the travel of non-citizens and non-permanent residents who are in the UK, Schengen Area, China, India, Iran, Republic of Ireland, Brazil or South Africa within 14 days of entering the US. Under the new policy, the US will take an individualized and non-country-specific approach to assessing the health risk of travelers.

This will be a relief for international travelers, their friends, family, and employers, and will make it easier for them to travel to the U.S. more seamlessly and predictably, but there are likely to be many questions about the updated guidelines.

frequently asked Questions

1. When exactly does the change take effect?

Answers: Jeff Zientz indicated an expected entry into force “early November”, but an exact date has not yet been announced or confirmed.

2. Who is affected by the change?

Answers: Although details have not been released yet, the change is expected to affect travelers from China, Iran, the Schengen Area, the United Kingdom, Ireland, Brazil, South Africa and India (the countries currently affected by travel restrictions). Once the President’s proclamations are repealed, travelers will have to adhere to individual guidelines, but will not be subject to extensive restrictions due to physical presence in any of the affected countries.

3. Will there still be travel restrictions to the US after the changes come into effect?

Answers: Probably. All foreign travelers are expected to provide proof of full COVID-19 vaccination, as well as proof of a negative COVID-19 test performed within three days of the flight, prior to boarding their flights. Unvaccinated US citizens will also likely need to be tested within a day of their return flight as well as of their arrival at home. Airlines will likely be required to collect information from travelers as necessary to facilitate contact tracing. As always, travelers are warned to comply with employer-specific international travel guidelines, in-country restrictions for any of their destination or transit countries, and airline requirements.

4. Can I travel to the US directly from a restricted country and rely on the new guidelines?

Answers: No, not yet. The new directives can only be relied on after they have not yet come into force.

5. Can I plan my trip to the United States from a Forbidden Country right away?

Answers: Once the change has been officially confirmed through the government websites listed above, not just from news sources, and once the effective date has been announced, you should be able to plan your return journey as long as (1) the travel date is after the effective date of the change; and (2) you have all necessary travel and immigration documents to ensure compliance with Covid and immigration guidelines. If you are unsure whether you have the required documents, please check with your Hunton Andrews Kurth immigration contact in advance.

6. I have the required Visa stamps or ESTA (Visa Waiver) documents and have already applied for a national interest exemption. Do I have to wait for a decision about the NIE before I travel?

Answers: No, once the date and details of the lifting of the existing travel bans are confirmed, you should be able to travel directly to the US once it comes into effect, as long as you meet the new requirements (proof of vaccination, negative COVID test, etc.). ) and you have all valid travel documents at hand.

7. Are US citizens affected by these changes or only non-US citizens?

Answers: The changes are likely to affect both citizens and non-citizens as all travelers must provide evidence of vaccination against the COVID-19 virus and a negative COVID-19 test within three days of their U.S. flight. US citizens who are not vaccinated must be tested within one day of their return to the US and upon arrival. It is currently unclear whether unvaccinated citizens also have to be quarantined when entering the country.

8. Do I need proof of vaccination to take advantage of the new travel guidelines?

Answers: Probably. Although details have not yet been released, it is expected that non-citizens will be required to provide proof of vaccination before traveling to the United States.

9. What is an acceptable vaccination certificate?

Answers: Again, no details have been announced yet. As things stand at present, you should expect that you will have to present a physical document with your COVID-19 vaccination certificate. At a minimum, the document should state what vaccines you received, when you received them, and where you received them. Keep watching the official government websites listed above for more information. In the meantime, be wary of “vaccine passport” scams and acknowledge any updated policies as you near your travel date to ensure you have the correct documents.

10. How long before my trip do I have to get vaccinated? Doesn’t it matter if I only had one?

Answers: Instructions have not yet been confirmed. However, travelers will likely need to be “fully vaccinated”. In general, people are considered fully vaccinated 2 weeks (14 days) after their second dose in a 2-dose vaccine series (such as Pfizer or Moderna) or 2 weeks (14 days) after a single dose in a single-dose vaccine (such as the Janssen Johnson & Johnson vaccine).

11. Do I have to do another COVID test when I come to the US?

Answers: Probably not. It does not appear that fully vaccinated travelers who present a negative test before arrival will need to retest upon arrival in the US. Travelers should confirm the details before traveling.

12. How will these changes affect trips from Canada or Mexico to the United States?

Answers: There is no immediate change in land border policy.

13. The visa stamp on my passport has expired and I am outside of the United States. Will these changes help me come back faster?

Answers: Probably not. There is no indication that these guidelines affect operations in U.S. embassies and consulates. If you need a visa stamp, you still need a visa appointment. This lifting of travel restrictions will not affect the guidelines currently in force at any US consular post. Please note that many consulates still work with limited capacity or only for emergency appointments. Once you have the required visas and travel documents, the new travel guide will help you travel direct to the US from other countries, provided all other applicable travel regulations and guidelines are met.

14. Can I use it to go on vacation or visit friends and family in the United States only?

Answers: Probably. As long as you meet all guidelines and have all the required documents, you should be able to travel to the United States for business or personal reasons.

Copyright © 2021, Hunton Andrews Kurth LLP. All rights reserved.National Law Review, Volume XI, Number 266