Beginning November 8, 2021, nonimmigrants arriving in the United States by air will be required to present proof that they have been vaccinated against COVID-19. Presidential Proclamation 10294 (“Proclamation”), which was reported by media outlets to be a work in progress as early as August 2021 will remain in effect until termination by the White House. The Proclamation further rescinds previous executive orders which restricted the entry of nonimmigrant arrivals from certain countries due to high community COVID-19 transmission rates (i.e. China, Iran, the Schengen Area, the United Kingdom and Ireland, South Africa and India).
While the Proclamation does not suspend nonimmigrant visa issuance for those who are not fully vaccinated against COVID-19, it does require nonimmigrant travelers to provide proof of vaccination prior to boarding their international flight. Specifically, international passengers will need to present proof of vaccination to the airline which will determine whether the vaccination was administered by an official authority such as a public health agency, government agency, or authorized vaccine provider in the country where the vaccine was provided.
Under guidance from the United States Centers for Disease Control (“CDC”), airlines may accept the following types of documentation as proof that a passenger has been vaccinated against COVID-19:
- Verifiable digital or paper records. This includes, but is not limited to, examples such as vaccine certificates or digital passes accessible via a QR Code;
- Non-verifiable paper records such as a paper record or a paper-based COVID-19 vaccination certificate issued by a national or subnational agency, or by an authorized vaccine provider;
- Non-verifiable digital records such as a screenshot or photo record of a vaccination certificate or a record shown on a mobile device without a QR code.
For purposes of travel to the United States, the CDC has confirmed that vaccines approved by the United States Food and Drug Administration or by the World Health Organization will be accepted as proof of a COVID-19 vaccination for nonimmigrant arrivals to the United States.
Included in the list of approved vaccines are listed below:
- Janssen/ Johnson and Johnson (Single Dose)
- Pfizer-BioNTech
- Moderna
- AstraZeneca
- Covishield
- BIMP/ Sinopharm
- Sinovac
The Proclamation does not apply to United States Citizens, Lawful Permanent Residents , or those traveling to the United States on immigrant visas, although as of October 1, 2021, the latter have been required to receive their COVID-19 vaccination prior to immigrant visa issuance.
While the Proclamation provides certain exemptions to the vaccine requirement including children under the age of 18, United Nations Travel, and airline crew members, it expressly excludes exceptions for religious reasons or moral convictions.
For more information, contact us today at info@enterlinepartners.com and speak with a U.S. immigration attorney in Ho Chi Minh City, Manila and Taipei.
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Copyright 2021. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.
