United States: Starting November 8, Nonessential Travel Permitted for Fully Vaccinated Foreign Nationals Across Canada/Mexico Land Borders
October 29, 2021
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At a glance
- Starting November 8, 2021, the Department of Homeland Security (DHS) will allow foreign nationals who are fully vaccinated with an approved COVID-19 vaccine and have acceptable proof of vaccination to enter the United States from Canada or Mexico by land or ferry for “non-essential” activities such as tourism and personal visits. Children under 18 are exempt from the new vaccine requirement.
- The existing COVID ban on non-essential travel by land and ferry will remain in place for unvaccinated foreign nationals until at least January 21, 2022.
- Foreign nationals entering through a land border or ferry terminal for essential purposes – which include work and business travel – will not be subject to vaccination requirements until sometime in January 2022.
The issue
Starting on November 8, 2021, the Department of Homeland Security (DHS) will allow foreign nationals to enter the United States through a Canada or Mexico land border or ferry terminal for “non-essential travel,” as long as they have been fully vaccinated with an approved COVID-19 vaccine. Non-essential foreign national border travel – which includes tourism and personal visits – has been banned since March 2020 due to the COVID emergency. The new policy lifts this restriction for fully vaccinated foreign nationals only; unvaccinated foreign nationals will still be barred from engaging in nonessential land border travel through at least January 21, 2022. Children under 18, however, will not be required to obtain a vaccine in order to begin non-essential travel on November 8. U.S. lawful permanent residents are not subject to the land/ferry vaccination requirement.
According to DHS, sometime in January 2022, the agency will expand the border vaccination requirement to include foreign nationals engaged in border travel for “essential” purposes like business visits and work. Until then, nonimmigrants seeking to enter the United States via land border or ferry for business and work need not be vaccinated in order to enter. “Essential travel” also includes travel to attend school, for medical purposes, or for other purposes as determined by U.S. border officials on a case by case basis.
Implementation of the vaccine requirement for non-essential travel
As expected, DHS is implementing the first phase of its new border travel vaccination policy in conjunction with the new international air travel vaccination requirements, which also take effect on November 8. The accepted vaccines and documentation requirements in the DHS border travel policy mirror the new air travel policy as follows:
- Accepted vaccines are those listed on the Centers for Disease Control and Prevention (CDC) website. As of October 29, 2021, accepted vaccines are Janssen/J&J, Pfizer-BioNTech, Moderna, AstraZeneca, Covishield, BIBP/Sinopharm, and Sinovac. All vaccines except for Janssen/J&J are listed as a two-dose series.
- An individual is considered “Fully vaccinated” 14 days after the last dose in a vaccine series, with “mix and match” vaccines permitted if both vaccines are on the approved list and are administered at least 17 days apart.
- Acceptable proof of COVID vaccination can be either verifiable or non-verifiable paper or digital records as long as the requisite personal and vaccination information is listed on the record, according to CDC standards.
Unlike the forthcoming international air travel policy, there is no COVID testing requirement to cross land borders and ferry terminals into the United States.
What happens at the border
Foreign nationals seeking to engage in border travel for non-essential purposes on or after November 8 will be required to:
- Provide accepted proof of COVID vaccination, as defined by the CDC; and
- Verbally attest to their reason for travel and vaccination status during a border inspection.
There will be no written attestation or contact tracing as are included in the international air travel policy.
What the new policy will mean for foreign nationals
Foreign nationals who have been barred from entering the United States for tourism and personal visits over land and ferry borders since March 2020 will be able to take these trips starting on November 8 if they can show proof of full vaccination. However, DHS warns that travel volume is expected to increase, so travelers are likely to see longer lines and waits at land border crossings and ferry terminals.
Under the border restrictions that remain in place, land border and ferry travel for work and business is considered “essential” and is therefore permitted without vaccination. Starting in January 2022, however, foreign nationals traveling to the United States for work and business, including those traveling on H, L, O, and B visas and under the Visa Waiver Program, will be required to show full COVID vaccination in order to enter the United States after land or ferry travel. Obtaining an accepted COVID vaccine in the coming months may prevent foreign national travel delays in the new year.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
