DHS extends COVID-19 vaccination requirement for nonimmigrant air travelers

The Department of Homeland Security recently extended its COVID-19 vaccination requirement for nonimmigrant foreign national air travelers until at least April 10, 2023.

Key Points: 

• Until at least April 10, 2023, nonimmigrant foreign national air travelers flying to the United States must provide proof that they are either fully vaccinated against COVID-19 or qualify for an exception. All nonimmigrant foreign national air travelers must also complete a COVID-19 attestation before boarding their flight.
• The United States will continue to accept electronic or hard-copy proof of vaccination, as detailed here. Travelers should check with their airline about whether an English-language version of the proof of vaccination is required.
  • The Centers for Disease Control and Prevention had previously confirmed that for purposes of entering the country, the United States would accept COVID-19 vaccines that are approved or authorized by the U.S. Food and Drug Administration or listed for emergency use by the World Health Organization. The full list is available here. In general, travelers are considered “fully vaccinated” two weeks after a single-dose vaccine or two weeks after their second dose of a two-dose vaccine or a “mix-and-match” combination of accepted vaccines.
• Travelers from countries with limited vaccine availability designated by the CDC will be eligible for an exception from the vaccination requirement, though not for B-visa travel. There are also exceptions for children under the age of 18, humanitarian or emergency cases, individuals with medical contraindications, air crew, noncitizens whose entry is deemed in the national interest and a limited number of other cases. The full list of exceptions is available here.
  • Unvaccinated nonimmigrant foreign nationals traveling on the basis of an exception will generally be subject to additional health protocols, including (1) providing a negative COVID-19 test taken within one day before boarding a flight to the United States and (2) providing proof of arrangements to become fully vaccinated within 60 days of arriving in the United States.

BAL Analysis: DHS said it extended the vaccination requirement for nonimmigrant foreign national air travelers to help protect the health and safety of U.S. communities, border personnel and other travelers. Employers and employees should continue to consult their BAL professional before planning international travel.

This alert has been provided by the BAL U.S. Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

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