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Coming to America: Biden's New COVID Restrictions for Entering the U.S.

Posted by Hugo Valverde | Nov 05, 2021 | 0 Comments

Beginning November 8, 2021, the current restrictions on entering the United States will end and new rules will take their place. On October 25, 2021 President Biden made a Proclamation with directives regarding the resumption of global travel. Since the COVID-19 pandemic began the restrictions for entry to the U.S. have been based on which country someone was coming from. Effective November 8, there will be no more country by country restrictions - the new rules will apply to all countries.

The differentiations for the new rules are now based on whether someone is a U.S. citizen or not, and whether someone is vaccinated or not. Keep reading to learn about each distinction:

Noncitizens/Nonimmigrants Entering U.S.

In general noncitizens and nonimmigrants entering the United States will now need to show proof of vaccination for COVID-19. In fact, the vaccination status will need to be proven even before landing on U.S. soil - noncitizens/nonimmigrants will not be able to board a plane without proving vaccination status. There are limited exceptions for this discussed below. 

Does My Covid-19 Vaccination Count for U.S. Travel Purposes?

Whereas before the U.S. was only looking at COVID-19 vaccines that have been approved by the U.S. Food and Drug Administration (FDA) for authorized use, the U.S. will now also accept for travel purposes vaccines that have been authorized by the World Health Organization

Are There Any Exceptions?

If you are not vaccinated you may still be able to enter the U.S. if you fit under one of the following categories:

  • You have been pre-tested for COVID and will be post-tested upon arrival.
  • You are under 18 years of age.
  • You are a flight crew member.
  • You fall under a certain special nonimmigrant visa category usually reserved for those of foreign governments or UN officials.
  • You have previously or currently are participating in a COVID-19 vaccine trial.
  • You promise to get vaccinated within 60 days of arrival in the United States (unless your stay is sufficiently brief or you are “medically contraindicated” from getting the vaccine). 

However, you may still have to quarantine upon arrival in the U.S. Check the CDC website for the latest directives on that. 

Vaccinated U.S. Citizen or LPR Entering U.S.

If you are fully vaccinated you will still have to produce a negative COVID test result upon entry to the U.S. The test will need to have been taken within three (3) days of arrival to the U.S.

Unvaccinated U.S. Citizen or LPR Entering U.S.

If you are unvaccinated, you will need to show proof of a negative COVID test result taken within one (1) day of travel to the U.S. 

President Biden's new travel directive will continue for at least the next 60 days, at which point the Secretary of Health and Human Services will recommend to him whether it should be continued, modified, or terminated.

If you have questions about whether applying for a visa or travel issuance, please reach out to us at (757) 422-8472, or send us a message on our website. You can also schedule an appointment with one of our attorneys by clicking on this link.

About the Author

Hugo Valverde

Hugo's passion for immigration law stems from his own family's immigration experience. His father and mother came to the United States from Peru fleeing political persecution, and as he grew up, Hugo spent many summers in Peru. Hugo uses his experience growing up in an immigrant family and time a...

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