The White House has announced that, starting in early November 2021, it will rescind the existing regional COVID-19 travel bans and instead implement a COVID-19 vaccination requirement for foreign national international air travel. With the rescission of the bans affecting foreign nationals recently present in Brazil, China, India, Iran, Ireland, the Schengen Area, South Africa, or the United Kingdom, many foreign nationals will no longer be subject to the complex, ever-changing policies and processes around national interest exceptions (NIEs) to the bans.

The new vaccine requirement will be in addition to – not instead of – the existing COVID test requirements for international air travelers. These travelers must already provide either a negative COVID test taken within 3 days, or documentation of recent COVID recovery, in order to board a flight bound for the United States.

Limited exceptions are expected for children, COVID-19 vaccine clinical trial participants, and those traveling for an important reason who lack access to vaccination in a timely manner. However, these excepted travelers – including U.S. citizens – will be required to provide proof of a negative test taken within one day of their flight, and provide proof that they have purchased a viral test to be taken after their arrival in the United States, in order to board the aircraft.

The new policy is also expected to include a contact tracing mechanism for airlines to implement with respect to their passengers.

For foreign nationals not currently subject to any of the existing travel bans, the forthcoming policy adds an additional requirement to international travel; these individuals will need to provide proof of vaccination in addition to COVID testing. 

Once the new policy takes effect, foreign nationals currently subject to any of the regional COVID travel bans, however, should see some easing of restrictions, depending on their circumstances:

• Foreign nationals traveling under the Visa Waiver Program or existing valid visa stamps: Vaccinated individuals traveling with a Visa Waver Program ESTA approval or on existing valid visas will not need to seek government approval of a national interest exception (NIE) to a regional COVID travel ban prior to travel. With proof of vaccination and testing, these foreign nationals will be permitted to travel using their valid documents. (F and M student visa holders subject to the travel bans already receive automatic NIEs and do not require advance approval before travel.)

• Foreign nationals who require a visa to travel: Those who require a new visa and would normally be subject to a travel ban will not need to seek an NIE in connection with their visa application, starting in early November.

Until the new policy takes effect, those traveling from a country subject to a COVID-19 travel ban remain subject to the NIE requirement, unless otherwise exempt.