United States: Starting January 22, COVID Vaccination Required for Non-U.S. Travelers Entering by Land or Ferry from Canada or Mexico
January 21, 2022
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At a glance
- Starting January 22, 2022, the Department of Homeland Security (DHS) will require non-U.S. individuals seeking to enter the United States from Canada or Mexico by land or ferry for all purposes – including “essential” activities such as work, business or education – to provide proof of full vaccination against COVID-19.
- U.S. citizens, U.S. lawful permanent residents and U.S. nationals are not subject to the vaccination requirement.
- Exceptions from the vaccine requirement exist for children under 18 and individuals with medical contraindications, among others.
- The vaccine requirement is currently scheduled to expire on April 21, 2022, but is likely to be extended.
The issue
Effective January 22, 2022, the Department of Homeland Security (DHS) will require non-U.S. travelers seeking to enter the United States by land or ferry across the U.S.-Mexico and U.S.-Canada borders to be fully vaccinated against COVID-19 and to provide proof of vaccination. The new rules will be published in in the Federal Register on January 24, 2022, though they take effect earlier; advance copies are available.
The new requirement will not apply to U.S. citizens, U.S. lawful permanent residents, or U.S. nationals, as they are considered “U.S. individuals.” For others, the restrictions will remain in place until April 21, 2022, unless extended. Some form of land border restrictions have been continually extended since the start of the COVID emergency in March 2020.
Who is subject to the new land border vaccination requirement
The new vaccine restrictions will apply to non-U.S. individuals who are traveling by land border or ferry, including those traveling for “essential,” purposes in employment-based nonimmigrant classifications or under the Visa Waiver program. Essential travel also includes those traveling to attend educational institutions, for public health or emergency responses, and for cross-border trade. COVID vaccination has already been required for “non-essential” (tourism or personal travel) land border travelers since November 8, 2021.
Who is excepted from the land border vaccination requirement
Exceptions from the land border or ferry COVID vaccine requirement exist for the following groups of non-U.S. individuals:
- Children under 18 years of age;
- Individuals with medical contraindications to receiving a COVID-19 vaccine;
- Individuals with valid nonimmigrant visas (excluding B-1 or B-2 visas) who are citizens of a country with limited COVID-19 vaccine availability, as specified by the CDC;
- Certain individuals on diplomatic or official foreign government travel;
- Certain participants in certain COVID-19 vaccine trials;
- Individuals issued a humanitarian or emergency exception by the Secretary of Homeland Security;
- Members of the U.S. Armed Forces or their spouses or children (under 18 years of age) as specified in the CDC Order; and
- Individuals whose entry would be in the U.S. national interest, as determined by the Secretary of Homeland Security.
These exceptions largely mirror those in place for the international air travel vaccine requirement that has been in place since early November 2021. Further details on how to qualify for each exception are provided on the Centers for Disease Control and Prevention (CDC) website.
Implementation of the vaccine requirement
In general, implementation of the COVID vaccine requirement for essential non-U.S. travelers will mirror the policy that has been in effect for non-essential travelers since November 8, 2021. Land border travelers will be required to verbally attest to their vaccination status as well as provide proof of vaccination at the border. Accepted vaccines and proof of vaccination, and the definition of “fully vaccinated” will follow existing CDC rules for international travel.
COVID-19 testing is not required for land border or ferry travel.
What the new policy means for work and business travel across Canadian and Mexican borders
When the new policy takes effect, nonimmigrants traveling to the United States for work or business via land border or ferry, including those entering in H, L, O, E, and B status, will be required to show proof of full COVID vaccination in order to enter the United States, unless they qualify for an exception.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
