Categories Global News & Updates

CDC Order Requires Negative COVID-19 Test Prior to US Entry

Effective January 26, 2021, ALL air passengers traveling internationally to the United States, including US Citizens and Lawful Permanent Residents, will require a negative COVID-19 viral test within three days prior to departure. Proof of the negative laboratory test result (paper or electronic copy) will be required at the time of boarding. If the air passenger has recently recovered from COVID-19, they will be required to provide documentation from a doctor’s office confirming recovery. Any passenger failing to provide the necessary and accurate documentation will be denied boarding.

Important takeaways from the CDC order are the following:

  • Applies to all passengers traveling internationally to the United States regardless of citizenship that are age 2 and older;
  • Passengers must take a viral test within 3 days prior to departure and provide a hard or digital copy of negative COVID-19 laboratory test results;
  • The name listed on the laboratory test results must match the name on the passenger’s passport, must reflect a negative result, and must include the method of testing to ensure it is a viral test.

Currently, the CDC order does not apply to land ports of entry. The new measure is intended to slow the spread of the virus as vaccinations are made available to the public at large. The official CDC press release can be found here.

Globally, several countries have also started to require a negative COVID-19 viral test prior to boarding, including the United Kingdom and Canada, among others. We anticipate that several more countries will follow a similar trend.

Global travelers should check with Graham Adair and their airline prior to international travel.

Categories Global News & Updates

EU-UK Trade and Cooperation Agreement’s Impact on Immigration

The UK and EU entered into the Trade and Cooperation Agreement last week, averting a no deal Brexit. The EU will apply the agreement provisionally from January 1, pending ratification, so that the European Parliament can consider the agreement before the EU ratifies it fully. This means the EU will have the opportunity to review whether the UK’s legislation fully implements the agreement.

UK and EU citizens who established EU free movement rights before December 31, 2020 retain them under the UK-EU Withdrawal Agreement if they have registered their settled status by June 30, 2021.

Visas may be required for travel between the UK and EU for those who have not established EU free movement rights. However, the Trade and Cooperation Agreement provides for visa-free short-term business trips of up to 90 days in any 180 period, if they fall within a limited list of permitted activities.

Our UK partner, Lewis Silkin, has authored an alert that provides more specifics on the impact to immigration.

We are continuing to monitor this situation and will provide updates as they become available.

Categories Global News & Updates

The People’s Republic of China – COVID-19 Update

Effective September 28, 2020, The People’s Republic of China, through the Ministry of Foreign Affairs and the National Immigration Administration, announced that foreign nationals with valid residence permits issued for work, personal matters, or family reunions, will be allowed to enter China without needing to apply for a new visa. Chinese consulates and embassies will be renewing said visas if they have expired after March 28, 2020 provided that the purpose of the foreign national’s visit to China remains unchanged.

This measure is specifically targeting the temporary suspension of entry by foreign nationals holding valid Chinese visas or residence permits issued on March 26, 2020. The partial lifting of the travel ban could signal the start of a different enforcement attitude and a trend towards immigration “normalization” in China.

Graham Adair is closely monitoring all global immigration trends and providing updates as they are received. Please contact your Graham Adair attorney with any case-specific questions.

Categories Global News & Updates

E.U. Lifting Travel Restrictions for Select Countries; U.S. Travelers Excluded

The E.U.?s European Commission is actively planning to re-open its borders on July 01, 2020 for select countries and have noted countries otherwise not selected will be temporarily barred from entering E.U. member states. The countries that will be allowed in are: Algeria, Australia, Canada, Georgia, Japan, Montenegro, Morocco, New Zealand, Rwanda, Serbia, South Korea, Thailand, Tunisia, Uruguay, and China (Subject to reciprocity). Notable countries that are not on the list include travelers from the United States, Russia, and Brazil. The E.U. cites COVID-19 concerns as the reason for the temporary policy.

 

It appears that the most recent E.U. directive is an extension of the already-implemented E.U. travel restrictions that took effect on March 17, 2020. Currently and through June 30, 2020, the E.U. and Schengen Associated countries continue to suspend all non-essential travel from third countries into the E.U.+ area. The ?E.U.+ area? includes 30 countries: all 26 E.U. member states (including the UK) as well as the four Schengen Associated states: Iceland, Liechtenstein, Norway, and Switzerland.? Exemptions include all EU citizens, and citizens of the Schengen Associated states, and their family members for the purpose of returning home, and non-EU citizens who are long-term residents in the E.U. The newly implemented entry regulations, that will take effect on July, 01, 2020, lifts the travel restrictions to the above-mentioned countries.

 

The new E.U. directive continues to affect wide-spread travel into the E.U.+ entering from specific countries, including for both personal and business travel, while it exempts student visa holders, highly-skilled non-EU workers, and other work permit categories.

 

Companies should continue to consult with a Graham Adair attorney when coordinating any international travel for their employees to ensure country-specific entry requirements are met. Graham Adair will continue to closely monitor developments and provide updates accordingly.

Categories Department of State Global News & Updates

Chinese Students and Researchers Suspended from Entry to U.S.

On Friday, May 29, 2020, President Trump issued a proclamation entitled, “Suspension of Entry as Nonimmigrants of Certain Students and Researchers from the People’s Republic of China.” The proclamation suspends the entry of certain Chinese nationals pursuant to an F or J visa to study or conduct research in the U.S.

 

Starting Monday, June 1, 2020, the proclamation will bar entry of students and researchers from China who are associated with an entity in China that implements or supports China’s “military-civil fusion strategy.” According to the proclamation, “military-civil fusion strategy” means actions to acquire and divert foreign technologies to advance China’s military capabilities.

 

Undergraduate students will be exempted from the suspension of entry. The proclamation will also not?apply to lawful permanent residents; spouses of U.S. citizens and lawful permanent residents; members of the armed forces; spouses and children of members of the armed forces; students and researchers engaging in fields of study and research that do not contribute to “military-civil fusion strategy;” and students and researchers whose entry into the U.S. is in the U.S. national interest.

 

The proclamation shall remain in effect until terminated by the President.