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Business Immigration in a Minute by Honigman LLP

November 1, 2021
  • The White House issued a fact sheet on the new international air travel policy governing entry into the United States that will become effective on November 8, 2021. Under the new policy, nonimmigrant air travelers to the United States will be required to be fully vaccinated against COVID-19 and to provide proof of their vaccination status prior to boarding an airplane to fly to the United States, in addition to providing proof of a negative COVID-19 test obtained within three days of their departure. Unvaccinated nonimmigrant travelers will be unable to enter the United States, with limited exceptions for children under age 18, individuals with medical contraindications, individuals traveling for documented emergency or humanitarian reasons, certain COVID-19 vaccine clinical trial participants, and individuals traveling on non-tourist visas from designated countries with low vaccine availability. Individuals who receive an exception will generally be required to attest that they will comply with applicable public health requirements, including, with very limited exceptions, a requirement that they be vaccinated in the United States if they intend to stay for more than 60 days. For more information, please also see the Department of State’s FAQ on the new policy.

  • The new international air travel policy described above also revises testing requirements for unvaccinated individuals seeking to enter the United States via air travel. Effective November 8, 2021, all unvaccinated travelers, including U.S. citizens, lawful permanent residents, and certain excepted unvaccinated nonimmigrants, will need to provide proof of a negative COVID-19 test obtained within one day of their departure. Unvaccinated individuals will no longer be eligible for the three-day testing window, regardless of their U.S. immigration status.

  • The Department of Homeland Security (“DHS”) published a Request for Public Input seeking comment from employers and employees regarding their experiences with remote document verification for Form I-9 compliance, which has been temporarily allowed during the COVID-19 Pandemic. DHS is seeking to understand the potential costs and benefits of allowing for future remote document examination.  Comments are due by December 27, 2021. 

  • The U.S. Embassy in Croatia announced that Croatian nationals are now eligible to travel to the United States under the Visa Waiver Program for tourism or business purposes for up to 90 days. However, Croatian nationals must still register and obtain valid Electronic System for Travel Authorization (“ESTA”) before travel. An approved ESTA registration is generally valid for two years or upon expiration of the traveler’s passport, whichever is earlier.

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