CDC ISSUES ORDER REQUIRING ALL FOREIGN NATIONAL EMPLOYEES PROVIDE PROOF OF COVID-19 VACCINATION TO WORK FOR U.S. EMPLOYERS
October 8, 2021
The U.S. Centers for Disease Control (“CDC”) recently issued an Order, which went into effect on October 1, 2021, that requires all foreign nationals entering the U.S. to work for American employers provide proof of vaccination against COVID-19. The Order also requires applicants for lawful permanent resident status (i.e. “LPR” or “green card” status) to be fully vaccinated for COVID-19 with limited exceptions. The United States Citizenship and Immigration Services (“USCIS”) and the U.S. Department of State are the two bodies that will be enforcing the Order.
To comply with the new Order, foreign national employees must now provide written, documentary proof of full COVID-19 vaccination in order to obtain green cards. This means that foreign nationals applying for an adjustment of status and who are completing the required 1-693 medical screening on or after October 1, 2021, must be vaccinated or risk being denied LPR status, and that foreign nationals that are applying for an immigrant visa at a U.S. consulate abroad and who undergo a physical examination with a designated equivalent to a USCIS civil surgeon on or after October 1, 2021, must be vaccinated as well. For foreign nationals who completed a medical screening before October 1, 2021, and who have exam results that are within the validity period (i.e. typically two years with some limited exceptions), COVID-19 vaccination is not required. The Order also states that all available COVID-19 vaccinations can be administered without regard to the timing of other vaccinations required for adjustment of status and that all applicants will be required to be vaccinated regardless of evidence of prior immunity or past COVID-19 infection.
There are some blanket waivers that are permitted for certain applicants which would allow these applicants to obtain LPR status despite not being vaccinated, which include (a) a blanket waiver based on age appropriateness; (b) a blanket waiver for applicants who have a valid contraindication or precaution to the COVID-19 vaccine formulation available to them. This would require documentation of the “contraindicated” reason and would apply to applicants who suffer a severe reaction to the first dose of the vaccine that can be considered to be a contraindication to receiving a second dose; and (c) a blanket waiver for applicants who are unable to get vaccinated because no COVID-19 vaccine option is routinely available to them. This would also apply in cases where a vaccine is available to an applicant, but due to limited supply, it would cause significant delay for the applicant to receive their vaccination. Applicants may also request waivers due to religious or moral convictions. Nevertheless, if an applicant refuses the COVID-19 vaccination in part or in its entirety where they do not qualify for a waiver and where medically appropriate, the applicant’s refusal and a mark designating vaccine requirements as incomplete will be recorded.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665), or Andy Orr (aorr@eckertsemans.com or 202-659-6625).
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