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COVID-19 vaccination condition for nonimmigrant air entry

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryUnited States
Operative dateNovember 8, 2021
CategoryMigration policy
Affected groupNoncitizen nonimmigrant air travelers, subject to the proclamation’s exceptions

Policy effect

From November 8, 2021, entry by air into the United States was suspended and limited for noncitizen nonimmigrants who were not fully vaccinated against COVID-19, subject to specified exceptions. The restriction applied to air entry and did not affect visa issuance. Flights departing before the effective time were excepted.

Conditions and exceptions

Validated condition or limit: From November 8, 2021, entry by air into the United States was suspended and limited for noncitizen nonimmigrants who were not fully vaccinated against COVID-19, subject to specified exceptions.; The restriction applied to air entry and did not affect visa issuance.; Flights departing before the effective time were excepted.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… s to move away from the country-by-country restrictions previously applied during the COVID-19 pandemic and to adopt an air travel policy that relies primarily on vaccination to advance the [[Page 59604]] safe resumption of international air travel to the United States. This proclamation governs the entry into the United States of noncitizen nonimmigrants--that is, noncitizens who are visiting the United States or otherwise being admitted temporarily--traveling to the United States by air. It suspends the entry of unvaccinated noncitizen nonimmigrants, except in limited circumstances, and it e … ravel of noncitizens who are nonimmigrants and who are not fully vaccinated against COVID-19 is suspended and limited, except as provided in section 3 of this proclamation. This suspension and limitation [[Page 59605]] on entry applies only to air travelers to the United States and does not affect visa issuance. (b) Any noncitizen who is a nonimmigrant, who is not fully vaccinated against COVID-19, and who, notwithstanding section 2(a) of this proclamation, is permitted to enter the United States by air travel pursuant to section 3(b) of this proclamation must agree to comply with applicable p … herwise determines that COVID-19 vaccination is not warranted for the noncitizen. Sec. 3. Scope of Suspension and Limitation on Entry. (a) The suspension and limitations on entry in section 2 of this proclamation shall not apply to any noncitizen seeking entry as a crew member of an airline or other aircraft operator if such crew member or operator adheres to all industry standard protocols for the prevention of COVID-19, as set forth in relevant guidance for crew member health issued by the CDC or by the Federal Aviation Administration in coordination with the CDC. (b) The suspension and limi … tations on entry in section 2(a) of this proclamation shall not apply to: (i) any noncitizen seeking entry into or transiting the United States pursuant to one of the following nonimmigrant visa classifications: A-1, A- 2, C-2, C-3 (as a foreign government official or immediate family member [[Page 59606]] of an official), E-1 (as an employee of TECRO or TECO or the employee's immediate family members), G-1, G-2, G-3, G-4, NATO-1 through NATO-4, or NATO-6 (or seeking to enter as a nonimmigrant in one of those NATO classifications); (ii) any noncitizen whose travel falls within the scope of sec … tion 11 of the United Nations Headquarters Agreement or who is traveling pursuant to United States legal obligation (as evidenced by a letter of invitation from the United Nations or other documentation showing the purpose of such travel); (iii) any noncitizen for whom, given their age, requiring vaccination would be inappropriate, as determined by the Director of the CDC, taking into account global vaccine availability for individuals in that age group; (iv) any noncitizen who has participated or is participating in certain clinical trials for COVID-19 vaccination, as determined by the Direct … or of the CDC; (v) any noncitizen for whom accepted COVID-19 vaccination is medically contraindicated, as determined by the Director of the CDC; (vi) any noncitizen who has been granted an exception by the Director of the CDC for humanitarian or emergency reasons, as determined by the Director of the CDC; (vii) any noncitizen who is a citizen of a foreign country where the availability of COVID-19 vaccination is limited, as identified pursuant to section 4(a)(v) of this proclamation, and who seeks to enter the United States pursuant to a nonimmigrant visa, except for a B-1 or B-2 visa; (viii) … any noncitizen who is a member of the United States Armed Forces or who is a spouse or child of a member of the United States Armed Forces; (ix) any noncitizen seeking entry as a sea crew member traveling pursuant to a C-1 and D nonimmigrant visa, if such crew member adheres to all industry standard protocols for the prevention of COVID-19, as set forth in relevant guidance for crew member health by the CDC; or (x) any noncitizen or group of noncitizens whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Transportation, the Secretary of Home … ation, such as United States citizens, lawful permanent residents, or noncitizens traveling on immigrant visas. Sec. 5. Termination. This proclamation shall remain in effect until terminated by the President. The Secretary of Health and Human Services shall, as circumstances warrant and no more than 60 days after the date of this proclamation and by the final day of each calendar month thereafter, recommend whether the President should continue, modify, or terminate this proclamation. Sec. 6. Effective Date. This proclamation is effective at 12:01 a.m. eastern standard time on November 8, 2021 …
Government Publishing OfficeAdvancing the Safe Resumption of Global Travel During the COVID-19 PandemicOpen official source
Retrieved from https://www.govinfo.gov/content/pkg/FR-2021-10-28/html/2021-23645.htm

Review method

Two separate automated exact-claim source reviews

Automated source validation is not independent human legal review. The finding should not be treated as legal advice. Record recovered-us-air-entry-vaccination-20211108. Something wrong? Flag this record.

Other United States changes operative in 2021