COVID-19 Travel Update- What you need to know to enter the US starting November 29, 2021

Updated COVID-19 Testing Requirements:

As of December 6, 2021, all air passengers 2 years of age and older destined for the United States will now be required to show a negative COVID-19 viral test no more than 24 hours before travel, or proof of recovery from COVID-19 (a positive COVID-19 viral test on a sample taken no more than 90 days before flying to the US and a letter from a licensed healthcare provider or public health official clearing the individual for travel).

The CDC continues to require travelers to the United States to be fully vaccinated to enter the US (except for US citizens and lawful permanent residents, and other limited exceptions).

Please call our office if you have questions about returning to the US.

Travel Ban in Effect:
Effective November 29, 2021, The White House issued Proclamation 10315 suspending and limiting the entry for certain immigrants and nonimmigrants who were physically present in the following countries where the Omicron variant of COVID-19 has been detected: Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, and Zimbabwe. Individuals cannot travel to the US if they were physically present in these countries in the preceding 14-day period of their intended travel to the US.

The Proclamation will be in effect until it is suspended by President Biden.

How does Proclamation 10315 relate to other COVID-19 Travel Restrictions and Proclamations?
If you are exempt from Proclamation 10315, you may still be subjected to entry suspensions or limitations from Presidential Proclamation 10294, effective November 8, 2021, and Title 19 non-essential travel restrictions. Please see travel requirements above and our November 8, 2021 blog post.

Individuals EXEMPT from Proclamation 10315 include:
Any lawful permanent resident of the United States.
Any noncitizen national of the United States.
Spouses of US citizens or lawful permanent residents.
Parents of US citizens or lawful permanent residents who are unmarried and under the age of 21.
Siblings of US citizens or lawful permanent residents. Both must be unmarried and under the age of 21.
Non-citizens who are the child, foster child, or ward of a US citizen or lawful permanent resident, or who is a prospective adoptee seeking to enter the US pursuant to the IR-4 or IH-4 visa classification.
Non-citizens whose entry would be considered in the national interest, as determined by the Secretaries of State and Homeland Security.
Non-citizens who are members of the US armed forces, or a spouse or child of a member.
Non-citizens whose entry would further important US law enforcement objectives.

Other categories include: non-citizens traveling at the invitation of the US Government for purposes relating to the mitigation of the COVID-19 pandemic, foreign diplomats and/or their immediate family members with A or G visas, E-1 visa holders as employees of TECRO or TECO and/or their immediate family members, individuals whose travel falls within section 11 of the UN Headquarters Agreement, and air and sea crew members.

Please contact your immigration attorney if you have questions about the exempt categories above.

Humanitarian Protection:
The Proclamation will not limit the ability of individuals to apply for asylum, refugee status, withholding of removal, or protection under the Convention Against Torture.

National Interest Waivers:
Individuals with National Interest Waivers issued under this proclamation will not be exempt from vaccination and testing requirements for air travel to the United States.

National interest waivers granted to non-citizens under previous proclamations are void with respect to this proclamation.

Please speak to your immigration attorney for additional guidance and information regarding National Interest Waivers.

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