United States: COVID-19 Vaccination and Testing Requirements Take Effect Today for International Air Travelers

Effective November 8, 2021, those traveling to the United States by air as a nonimmigrant or on advance parole must generally: 

• Be fully vaccinated with an approved vaccine, or qualify for an exception to the vaccination requirement;
• Present a negative viral COVID-19 test result, though testing is not required for children under 2 years old; and
• Complete a health attestation and provide contact tracing information requested by airlines before boarding a flight to the United States.

If fully vaccinated, U.S. citizens and lawful permanent residents must:

• Present acceptable proof of vaccination; 
• Present a negative viral COVID-19 test result taken no more than 3 days before departure to the United States OR documentation of recovery from COVID-19 within 90 days, though testing is not required for children under 2 years old; and
• Complete a health attestation and provide contact tracing information requested by airlines before boarding a flight to the United States.

If not fully vaccinated, U.S. citizens and lawful permanent residents must: 

• Present a negative COVID-19 test result taken no more than 1 day before departure to the United States OR documentation of recovery from COVID-19 within 90 days, though testing is not required for children under 2 years old. Unvaccinated children between ages 2 and 17 traveling with fully vaccinated adults may submit a 3-day test; and
• Complete a health attestation and provide contact tracing information requested by airlines before boarding a flight to the United States.

U.S. citizens and lawful permanent residents (LPRs) are not subject to the new air travel vaccine requirement. Immigrant visa holders are also not impacted by the proclamation; since October 1, 2021, immigrant visa applicants have been required to obtain a COVID vaccine in order to complete their green card medical exam.

The following groups of nonimmigrants will qualify for exceptions under the new policy, and will not be required to be vaccinated in order to board a flight to the United States:

• Children under 18;
• Foreign nationals with valid U.S. visas (other than B-1 or B-2 visas) who are citizens of countries with limited vaccine availability, as identified by the CDC.
• Those with documented medical contraindications to the COVID vaccine;
• Persons issued a humanitarian or emergency exception;
• Certain COVID vaccine clinical trial participants;
• Certain air crew members; 
• Sea crew members traveling with a C-1 or D nonimmigrant visa;
• Members of the U.S. armed forces, their spouses, and their children under 18;
• Persons on diplomatic or official foreign government travel; and 
• Individuals whose entry would be in the U.S. national interest, as determined by the U.S. Department of Homeland Security, Transportation or State.These exceptions are expected to be granted in rare circumstances only. Crucially, national interest exceptions (NIE) issued under the former regional COVID-19 travel bans are no longer valid and will not exempt a foreign national from the new vaccination requirement. 

There are no exceptions for religious or moral objections related to the vaccine.

Most foreign nationals who are eligible for one of the above exceptions from vaccination will need to comply with the following additional public health measures:

• Stricter pre-arrival testing. Submit a pre-departure COVID test taken within one day of travel (instead of the standard three days for vaccinated travelers). However, children ages 2 to 17 may submit a three-day test only if they are traveling with vaccinated adults.
• Post-arrival testing. Obtain a new COVID test between three and five days after arrival in the United States.
• Post-arrival vaccination. If stay in the United States is more than 60 days, adults must get vaccinated within 60 days of arriving in the United States. Children under 18, certain diplomats, and those who are medically contraindicated or participants in certain COVID clinical trials are exempt from post-arrival vaccination.
• Post-arrival quarantine. Even if their post-arrival COVID test is negative, excepted foreign nationals must self-quarantine for seven days. Children under 18, certain COVID clinical trial participants and those recently recovered from COVID are exempt from self-quarantine.

Further, if their post-arrival COVID test is positive, excepted foreign nationals will be required to self-isolate for at least 10 days and follow other CDC guidance.

Only vaccines approved or authorized by the Food and Drug Administration (FDA) or listed for emergency use by the World Health Organization (WHO) will be accepted. Because this list is subject to change, travelers with questions should consult the CDC website for the latest information on acceptable vaccines. Currently, the following vaccines are accepted:

• Janssen/J&J
• Pfizer-BioNTech
• Moderna
• AstraZeneca
• Covaxin
• Covishield
• BIBP/Sinopharm
• Sinovac

The agency considers a person fully vaccinated two weeks (14 days) after the last dose of an accepted vaccine series (whether one- or two-dose). “Mix-and-match” vaccine doses will be accepted as long as both vaccines are on the FDA or WHO lists and the doses are administered at least 17 days apart.

Digital or paper documentation will be accepted by the airlines in order to verify vaccination status, as long as the record contains:

• Biographical information that matches the foreign national’s travel documents;
• Name of official source issuing the record (e.g. public health agency, authorized vaccine provider);
• Vaccine manufacturer; and
• Date(s) of vaccination.

Individuals traveling to the United States by air who are aged 2 or older must provide proof of a negative viral COVID-19 test or documentation of recovery from COVID-19 when entering the United States, regardless of their citizenship or immigration status. This includes U.S. citizens, U.S. nationals, U.S. lawful permanent residents, foreign nationals traveling under a valid U.S. immigrant visa, nonimmigrants, and foreign nationals traveling under advance parole. The timing of the test will be determined primarily by the traveler’s vaccination status.

All international travelers must obtain a negative COVID-19 viral test – either a nucleic acid amplification test (NAAT) or a viral antigen test – before they will be permitted to travel to the United States by air.  The CDC has provided detailed guidance on the types of tests that are acceptable. 

If the traveler is fully vaccinated, the test must be conducted using a sample taken no more than three days before their flight departs a foreign country. Travelers who are not fully vaccinated must be tested using a sample taken not more than one day before their flight departs a foreign country. Children under 18 traveling with fully vaccinated adults may submit a three-day test, however. 

Travelers who have recently recovered from COVID-19 may present the following instead of a negative viral test result: 

• Positive COVID-19 viral test result on a sample taken no more than 90 days before the flight’s departure from a foreign country; and
• A letter from a licensed healthcare provider or a public health official stating that the traveler has been cleared to travel.

If the child is under 2: Children under 2 years old are not required to be tested, though the CDC recommends a pre-departure test if possible. Children under 2 are not required to be vaccinated. 

If the child is between the ages of 2 and 17 and the parents/guardians are fully vaccinated: Children between the ages of 2 and 17 who are not fully vaccinated may board a flight to the United States with a negative pre-departure COVID-19 viral test conducted on a specimen collected no more than 3 days before departure if traveling accompanied by fully vaccinated parents or guardians. Nonimmigrant unvaccinated children must also take a post-arrival COVID test, and if positive, self-isolate. 

If the child is between the ages of 2 and 17 and the parents/guardians are not fully vaccinated or the child will be traveling unaccompanied: If traveling unaccompanied or if one or more of the parents or guardians accompanying the child is not fully vaccinated, the child must present a negative pre-departure COVID-19 viral test on a specimen collected no more than one day before departure. While children under 2 years of age are not required to get a test, CDC recommends a pre-departure test for these children whenever possible. Nonimmigrant unvaccinated children must also take a post-arrival COVID test, and if positive, self-isolate. 

If the child is age 18 or older: Nonimmigrant children 18 years or older are subject to the vaccination requirements unless otherwise eligible for an exception. They must also meet the applicable testing requirements, based on their vaccination status. 

The new air travel vaccine restrictions permit the issuance of nonimmigrant visas by U.S. consulates abroad, even to those who do not meet the vaccine requirements. The foreign national may be able to obtain a visa, but will not be permitted to board a flight bound for the United States before complying with the proclamation.

Those seeking new visas should expect to see further delays in visa appointments. Existing consular appointment backlogs are likely to increase. The State Department has cautioned that rescission of the travel bans does not necessarily mean that consulates will be able to immediately schedule applicants for interviews.

Fragomen is closely monitoring the implementation of the new international travel policies and will issue further alerts as developments occur.