New Measures Regulating The Entry Of Non-immigrants Into The United States.

President Joseph Biden issued a presidential proclamation on October 25, 2021[1], which will take effect on November 8, 2021, entitled: Advancing the Safe Resumption of Global Travel During the COVID-19 Pandemic, which includes the following measures:

The specific suspensions and entry limitations for each country are revoked, in this sense the presidential proclamations No. 9984 of January 31, 2020 are revoked; 9992 February 29, 2020; 10143 of January 25, 2021 and 10199 of April 30, 2021.
The entry of certain individuals who are not fully vaccinated against Covid-19 is suspended and limited. The suspension and limitation refers to foreigners who are non-immigrants who are not fully vaccinated against Covid-19, except for the exceptions established by the regulation.
Any non-immigrant alien who is not fully vaccinated and who is nevertheless authorized to enter the United States, via area, in view of some of the exceptions provided for in the regulation, will be subject to presenting evidence of having been tested for Covid-19 prior to travel; take measures to avoid contagion during the trip such as wearing a mask; present evidence of having made arrangements for evidence after your arrival; present evidence of self-quarantine measures once you arrive in the United States.

You must also express acceptance to undergo vaccination within 60 days of arrival, and present evidence of having taken steps to receive vaccination. Unless:

-Your stay is short enough (as established by the Center for Disease Control (CDC); or you have participated in clinical trials for vaccination against Covid-19; or vaccination is medically contraindicated; or you have received Covid-19 vaccines that have been approved by the traveler’s country of nationality, as determined by the CDC in consultation with the Secretary of State.

These limitations do not apply to:

-Foreign individuals entering the United States as part of the crew of an airline or other air transport operator, provided that such crew member or operator adheres to industry standard protocols for the prevention of Covid-19.

-Foreign individuals whose entry or transit through the United States is in the following visa categories: A-1, A-2, C-2, C-3 (as a foreign government officer or immediate family member of that ruler; E-1, as an employee of TECRO O TECO or its employees or immediate family members(Taipei Economic and Cultural RepresentativeOffice); G-1, G-2, G3, G-4. NATO-1 through NATO-4 or NATO-6 (or intended to fall into one of those classifications.

-Foreigners whose travel is within the scope of the United Nations Agreement, or who travel to the United States fulfilling a legal obligation (evidence of invitation letter, or documentation of the purpose of the trip must be presented.

-Any foreigner who, due to his age, cannot be required to be vaccinated, according to what the CDC determines and the availability of vaccines globally for individuals of that age.

-Individuals who have participated or are participating in clinical trials of vaccination against Covid-19.

-Individuals in whom the vaccine is medically contraindicated, as determined by the CDC.

– Individuals who have been granted an exception by the CDC Director for humanitarian or emergency reasons.

-Individuals who are nationals of countries where the availability of the Covid-19 vaccine is limited, and who are intended to enter the United States, in non-immigrant visa categories, except with B-1 or B-2 visas.

-Individuals whose purpose is to enter as a ship crew according to visa categories C-1 or D, if they adhere to industry standard protocols against Covid-19.

Any alien or group of aliens whose entry into the United States is in the national interest, as determined by the Secretary of State, the Secretary of Transportation, the Secretary of Homeland Security, or their designees.

This proclamation delegates to the Secretary of Health, through the Director of CDC, the implementation of this regulation, who must define:

-What are the accepted vaccines or combinations of vaccines, and the accepted medical contraindications.

-When an individual is fully vaccinated against Covid-19.

-Acceptable means of evidence to take action in cases of exceptions.

-What are the clinical tests.

-List of countries where the Covid-19 vaccine is limited.

The Secretaries of Transportation and Homeland Security will take steps to ensure that airlines do not allow aliens whose entry is prohibited by the proclamation to board the plane.

[1] Published in the Federal Register on 10/28/2021, Vol. 28, No 206, Pags 59603 to 59608.