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President Biden Replaces Country-by-Country Pandemic-Related Air Travel Restrictions With Vaccine Requirement

Nov 2, 2021 | Consular Services & Travel

For a complete picture of how this change relates to you, consider attending our webinar led by Managing Partner, Bernie Wolfsdorf, and Partner Avi Friedman on Nov. 18, 2021, at noon Pacific. All are welcome to join. Register here.

Effective November 8, 2021, a new Presidential Proclamation that governs the entry into the United States by air of “noncitizen nonimmigrants” revokes previous country-by-country restrictions applied during the COVID-19 pandemic and replaces them with a vaccination requirement.

The new policy suspends the entry of unvaccinated noncitizen nonimmigrants, except in limited circumstances, and “ensures that the entry of unvaccinated noncitizen nonimmigrants is consistent” with applicable health and safety determinations. These include, when appropriate, requiring that such individuals arrange to become fully vaccinated against COVID-19 upon arrival. Exceptions to the new policy include certain noncitizens with medical, humanitarian, or emergency issues, among other reasons.

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Expansion of Interview Waiver Eligibility

Briefing: Secretary Pompeo, in consultation with the Department of Homeland Security, has temporarily expanded the ability of consular officers to waive the in-person interview requirement for individuals applying for a nonimmigrant visa in the same classification. Previously, only those applicants whose nonimmigrant visa expired within 12 months were eligible for an interview waiver.  The Secretary has temporarily extended the expiration period to 24 months. This policy is in effect until March 31, 2021.  This change will allow consular officers to continue processing certain nonimmigrant visa applications while limiting the number of applicants who must appear at a consular section, thereby reducing the risk of COVID-19 transmission to other applicants and consular staff. Travelers are encouraged to review the website of the nearest U.S. embassy or consulate for detailed information on what services are currently available as well as eligibility information and instructions on applying for a visa without an interview.  Thank you. For questions about consular visa processing, please contact your WR attorney. Sources: U.S. Department of State, December 29, 2020, https://travel.state.gov/content/travel/en/News/visas-news/expansion-of-interview-waiver-eligibility.html See also: U.S. Department of State, December 30, 2020, https://travel.state.gov/content/travel/en/News/visas-news/phased-resumption-routine-visa-services.html

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Vaccination Requirement Will Replace Covid-19 Travel Bans

UPDATE: To further clarify the travel updates, WR Immigration is hosting a free webinar on this subject, led by Managing Partner, Bernie Wolfsdorf, and Partner Avi Friedman on Nov. 18, 2021, at noon pacific. All are welcome to join. Register here. The Biden administration will ease travel restrictions on all fully vaccinated international travelers at air and land borders effective November 8, 2021.  The decision rescinds geographic travel bans implemented in 2020 under the Trump Administration. Global mobility and human resources professionals should prepare for a noticeable bump in requests for travel. Here’s a breakdown of what you need to know:   Travel Bans Rescinded Under the covid travel bans, foreign nationals who had been in Brazil, China, India, Iran, Ireland, Schengen countries, South Africa and the United Kingdom within two weeks preceding travel were banned from flying directly into the United States unless they first applied for and received a National Interest Exception waiver.  These travel bans are being rescinded. A New Vaccination Mandate Under Biden’s new policy, all international travelers will be required to prove they have been fully vaccinated against Covid-19 and furnish proof of a negative Covid-19 test within 3 days of boarding a flight to U.S. […]

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