Biden Administration Continues COVID-19 Travel Restrictions
Posted by chapteradmin on Feb. 2, 2021 / Legal Updates / Subscribe 0
By Alexandra LaCombe, Jackson Lewis, P.C.
At a glance
The Biden Administration is continuing the restrictions on travel to the United States for travelers who were present in certain countries within 14 days prior to entry. Although these restrictions are based on COVID-19 related safety guidelines, they do primarily affect individuals who are coming to the US with certain nonimmigrant visas. Additional public health and safety measures apply to all travelers regardless of immigration status.
Background
The travel restrictions, first issued by the previous presidential administration in March of 2020, then lifted in January of 2021, were reinstated by the Biden Administration. Known as the “14-Day rules”, these restrictions apply to most nonimmigrant travelers entering the US from China, Iran, the United Kingdom, Ireland, Brazil, 26 Schengen Zone countries, and as of January 30, 2021, South Africa. Travelers who have been in these countries for 14 days prior to travel will not be permitted to enter the US.
There are certain exemptions, including US citizens and permanent residents, as and well as their spouses and children, and exceptions for individuals entering the US in the interests of public health and safety, humanitarian interests, or for purposes of economic recovery.
Additionally, as of January 26, 2021, Center for Disease Control (CDC) started requiring all individuals who travel to the United States, regardless of immigration status, to provide proof of a negative COVID-19 test within three days of departure or documentation of recovery from COVID-19 before boarding a US-bound flight. This requirement applies to all passengers over two years old flying to the United States from abroad. This mirrors the similar restrictions required by many other countries globally, and does not currently incorporate waivers for travelers coming from countries with limited testing capabilities. The CDC also directs for new arrivals to shelter at home for seven days upon return and get tested within three to five days after arrival. As a further preventive measure, mask-wearing is required domestically at all airports, on commercial aircraft, trains, public maritime vessels, including ferries, intercity bus services, and on all federal properties.
What it means for employers
Michigan employers need to be aware of this if their employees are engaged in international travel. It is critical to review the travel needs in light of the entry restrictions, and assess the likelihood of successfully obtaining one of the exceptions to allow the employees to timely return to the US. It is also important to be aware that the travel restrictions can change very quickly due to the public health risks around the globe, and remain vigilant and flexible.
If you need assistance with this, or any other immigration issue, please contact the author, Alexandra LaCombe, at (248) 936-1929 or [email protected]. Alexandra is a Member of the Legal Affairs Committee of Detroit SHRM and a partner at Jackson Lewis, P.C.
Detroit SHRM encourages members to share these articles with others, inside and outside their organization, as long as its name and logo, and the author’s information, is included in the re-post of the article. February 2021
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