US Borders to Reopen to Fully Vaccinated Travelers November 8

US borders will open to authorized travelers fully vaccinated against COVID-19 on November 8, according to a White House announcement. This is the first time international travelers have been allowed to enter the United States for non-essential travel since March 2020.

“The US’s new travel policy, which requires vaccinations for foreign travelers to the United States, will begin on November 8,” wrote Kevin Munoz, Assistant Secretary of the White House, on Twitter. “This announcement and date apply to both international air travel and land transport. This policy is based on public health, is strict and consistent. “

The restrictions were originally put in place during the Trump administration in March 2020 to prevent the spread of the COVID-19 virus. The Biden administration extended travel restrictions several times, frustrating other countries that had previously opened their borders to vaccinated Americans. The Biden government cited a focus on science and security in its decision to postpone the reopening of the border.

In addition, the U.S. land border with Canada and Mexico is slated to reopen to travelers in November, although the exact date has not yet been set. Air travelers from Canada for non-essential reasons must present a negative COVID-19 test or proof of vaccination. Key travelers such as medical staff and truck drivers crossing the border by land have never been excluded from crossing land borders, but will be required to provide proof of vaccination from January 2022.

“We are excited to take steps to resume regular travel in a safe and sustainable manner,” said Alejandro Mayorkas, Minister of Homeland Security for the Department of Homeland Security, in a statement.

The reopening of the US to foreign nationals appears to mark a turning point in the country’s post-pandemic recovery, but it still raises questions about how the advancing COVID-19 pandemic will affect travel and immigration.

Impact of US border opening on corporate immigration and global mobility

World leaders praised the Biden administration’s decision to reopen the US to travel, and UK Prime Minister Boris Johnson said the announcement was “a fantastic boost to business and trade and a great way to have family and friends up both sides of the pond can be reunited ”. . “

The positive business impact of the lifting of the travel ban on international travelers has been confirmed by Bernhard Mueller, co-chair of Ogletree Deakins’ Immigration Practice Group.

“This will have a very positive impact on corporate immigration as it now allows people to travel internationally without travel bans, delays and the inability to return to the United States. I would say that a lot of business travelers are fully vaccinated so we probably won’t have much of a problem with a new vaccination requirement, especially for travelers from Europe, ”he said.

While travelers from countries with widespread vaccine access won’t have much of a problem meeting vaccine requirements, some countries that do not have the resources for widespread COVID-19 vaccination may have a harder time meeting them.

“The disruptions will occur now when we lift the travel bans and impose this compulsory vaccination, in developing countries that do not have advanced vaccination rates and will have a negative impact,” said Müller. “Countries that were previously not subject to travel bans, such as Brazil and India, are now somewhat affected by these vaccination regulations.”

For travelers intending to enter the United States, the Centers for Disease Control and Prevention (CDC) have issued guidelines on the vaccines they will accept, including any Food & Drug Administration (FDA) -approved or approved vaccines, or World Health Organization vaccines (WHO). authorized. Travelers must also present a negative COVID-19 test before traveling to the United States. However, another potential obstacle that could come with compulsory COVID-19 vaccination is the possibility that vaccinations may not be accepted in some cases, even if the traveler has received vaccinations from different manufacturers.

“For example, in some European countries when people are vaccinated, they may get a Pfizer vaccine and then an AstraZeneca vaccine second,” Mueller said. “Whether this will be accepted as proof of a complete vaccination is still in the stars. We don’t have any clarification yet. “

Despite the uncertainty surrounding the COVID-19 vaccination requirement, the announcement that traveling to the US will become easier is a welcome change for those who travel frequently to the US, live on the border or have family members overseas, as well as airlines and all other travel-related industries. According to the Wall Street Journal, business groups cited reopening the border to non-essential travel as a way to ease the financial burden caused by the pandemic. The announcement also means business travel will become easier, but potential visa arrears at consulates are still an obstacle.

“What is still an obstacle is the ongoing impact of COVID on the staffing of US consulates and US consulates overseas that are still unable to cope with the backlog of visa applications,” said Mueller.

“This essentially means that if you need a visa to enter the US now – a business visa, a business visa or a work visa, in many areas, especially Europe, you face months of delays before you even get a visa Visa. And that still has a significant impact on the resumption of normal business operations. “

What do international travelers to the USA need to know?

The opening of the US borders is a sign that the country is moving away from full coronavirus restrictions, although mask and COVID vaccine requirements are controversial in different regions of the US for employees and customers of different companies. Unless the COVID-19 situation worsens again, it is likely that the borders will remain open to some extent from here on. While the news of entry into the US will again be possible for non-US citizens living abroad, the long-term impact on immigration remains unclear.

“What are the long-term effects on immigration? It’s difficult to say. Immigration is a fickle thing. And it certainly also depends on who sits in the White House. And do we wish that such announcements would come earlier, so that the business world? can adequately adapt and develop strategies to respond? Yes. But it is probably a pipe dream, “said Müller.” It certainly had a negative effect that people could not come to business meetings in the US.

Copyright © 2021 National Law Forum, LLCNational Law Review, Volume XI, Number 288