Vaccines & Immigration & Impact: Adapting to Policy Changes in the Post COVID-19 Era

In this article, we will examine the dynamic adjustments and legislative modifications that define the new normal in post-pandemic immigration.  Please remember that this article does not provide any legal advice and if you would like to discuss your immigration situation, please speak with the immigration attorney. If you would like to speak with our lawyer, please contact us here. 

The New Normal: Exploring Post-COVID Immigration Changes

Following the COVID-19 outbreak, immigration underwent a significant transformation with far-reaching implications. The United States and other countries took extreme measures in response to the pandemic that modified the conventional paths of migration. The consequences were severe, with some of the lowest annual immigration levels in decades, according to the Centers for Disease Control and Prevention (CDC).

The U.S. implemented several measures in response:

• Travel restrictions and entry bans: for people who had been present in countries with high COVID-19 transmission rates.
• Visa processing delays: Consulates and embassies were adjusting their operations, impacting the timelines for visa issuance.
• Remote Work Considerations: USCIS and other agencies provided guidance on this topic.
• Flexibility for Certain Visa Categories: Some visa categories saw certain flexibilities to affront the challenges posed by the pandemic.
• Health Screening Requirements: COVID-19 tests were required for certain visa categories.

When we compare the beginning of the pandemic, and the reactions to the ongoing infection to the current situation, marked by the recalibration of measures, it becomes clear that the strict restrictions implemented during the crisis were crucial. The newfound flexibility, policy responses, and innovations introduced as a reply to the fight against COVID-19  have not only proven effective in preventing the spread of the virus but have also paved the way for a more adaptive and responsive immigration framework.

Immunizing your Journey: Visa and Green Card Vaccine Requirements (due to covid-19)

Immigrant Visas

EB-1A and EB-2 NIW

According to U.S. Citizenship and Immigration Services and the United States legislation, noncitizens applying for immigrant visas overseas or those seeking to adjust their status to lawful permanent residents while in the U.S. must be vaccinated against the following diseases:

• Mumps
• Measles
• Rubella
• Polio
• Tetanus and Diphtheria Toxoids
• Pertussis
• Haemophilus influenzae type B
• Hepatitis B
• COVID-19
• Any other diseases preventable by vaccination that the Advisory Committee for Immunization Practices (ACIP) recommends.

If a COVID-19 dosage is due at the time of the status adjustment medical examination, applicants are required to receive one dose of the vaccine to prevent the spread of the disease.

Non-immigrant & Non-citizen Traveler Visas

O-1A, O-1B, B1/B2 and ESTA

Travelers from outside the United States are no longer needed to show proof of being fully vaccinated against COVID-19 or present proof of immunization to enter the country.

This flexibility applies to visitors arriving in the United States through airports, land ports, and marine terminals.

Considering a Waiver? Understand the Process for Vaccine Exemption

As mentioned above, the COVID-19 vaccine has emerged as a prerequisite for processing immigrant visas. However, there exist pathways for those seeking exemptions. These exceptions can be achieved through a structured process. If compelling reasons prevent you from receiving the vaccine, the waiver process becomes an important aspect to explore.

According to the U.S. Department of Health & Human Services, there are four “Not Medically Appropriate” reasons for ‘Blanket Waivers’:

Not Medically Appropriate Reasons:

1. Not Age-Appropriate	Adults are not obliged to receive certain vaccinations if not administered during childhood.
2. Contraindication	If an applicant cannot get specific vaccines due to health reasons, it is documented as a “contraindication”.
3. Insufficient Time Interval	Is employed if the required time between vaccine doses is still unfinished, or if a series is not complete.
4. Influenza vaccine not available	This vaccine is a requirement when accessible.It is marked as “Not flu season” if unavailable during that time.

Non-Medical Reasons for Refusing Vaccinations:

Religious or Moral Convictions	Applicants opposing vaccination based on religious or moral beliefs need to submit an individual waiver request to USCIS.
Applicant Refuses a Vaccine	If the applicant’s vaccination history is incomplete and they decline a single dose of a medically appropriate, required vaccine, documentation should state the incomplete vaccine requirements and the vaccination refusal. Because the applicant does not oppose ALL vaccines, a waiver based on religious or moral convictions is not feasible.

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