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Vaccine Requirements for Immigrants
Contributor: Van T. Doan
The United States has a long history of concern about immigrants spreading disease. The COVID-19 pandemic, now approaching the two-year mark, has only increased that concern. The good news is that now we have a weapon against the pandemic: vaccines that have proven to be effective against the original strain of the disease and multiple variants. With a booster shot, vaccines are still largely effective even against the worst effects of the new Omicron variant.
Unfortunately, COVID-19 vaccines are not as widely available in much of the rest of the world as they are in the United States. Many people who are trying to immigrate to the United States are concerned about vaccination requirements to enter the country. Let’s talk about vaccination requirements for immigration in general, as well as COVID-19 vaccination and immigration.
What Vaccines Do You Need to Immigrate to the United States?
People who are applying to become a lawful permanent resident (green card holder), as well as immigrants and refugees, are required to undergo a medical examination. The examination must be completed before entering the U.S. for immigrants and refugees; it may be completed within the U.S. for individuals applying to adjust their status. The purpose of the exam is to show that applicants are not carrying any diseases that would make them inadmissible to the United States on health-related grounds.
The Centers for Disease Control and Prevention (CDC) and U.S. Department of Health and Human Services (HHS) require that applicants for immigration show proof of certain vaccinations during their required medical exam. The examination must be completed outside of the U.S. for immigrants and refugees; it may be completed within the U.S. for individuals seeking to adjust their status.
The CDC and HHS have established criteria for deciding which vaccines will be required:
- The vaccine must protect against a disease that could cause an outbreak (like mumps or measles)
- The vaccine must be appropriate for the age group of the applicant
- The vaccine must protect against a disease that has been, or is in the process of being, eliminated in the United States
Currently, the following vaccines are identified as being required for immigrants:
- Haemophilus influenzae type B (Hib)
- Hepatitis A
- Hepatitis B
- Measles
- Meningococcal disease
- Mumps
- Pertussis
- Pneumococcal disease
- Polio
- Rotavirus
- Rubella
- Seasonal influenza
- Tetanus and diphtheria
- Varicella
Unsurprisingly, however, there are emerging requirements for COVID-19 vaccinations as well.
Is the COVID-19 Vaccine Required for Immigration to the U.S.?
Even before the emergence and rapid spread of the highly-contagious Omicron variant, the U.S. Citizenship and Immigration Services announced policy guidance about immigrants and COVID-19 vaccines.
On August 17, 2021, the CDC updated its Technical Instructions for Civil Surgeons. That update added a new requirement for immigrant applicants who are subject to medical examination for admission to the United States. Those immigrants must complete the COVID-19 vaccine series and provide documentation that they have done so before their medical exam can be completed. The vaccine series may include one or two doses depending on the brand of vaccine.
There is not yet a requirement for a booster dose of the COVID-19 vaccine for immigrant applicants. However, in light of the emergence of the Omicron variant, that could change in the future.
What If I Can’t Get the COVID Vaccine?
You may be able to get a waiver of the requirement for a COVID-19 vaccination under certain circumstances. For instance, if you have a child who is not old enough to receive a COVID vaccine, the requirement would likely be waived.
You may also be able to get a waiver if you have a medical condition for which waiver of the COVID-19 vaccine would be contraindicated. However, given that COVID-19 itself poses such a serious health risk, in many cases it is less risky to receive the vaccine than to become infected with the virus.
Other circumstances in which a waiver of the vaccine might be available include:
- The COVID-19 vaccine is not routinely available in your area
- There is such a limitation in supply of the vaccine that waiting would cause a significant delay or your immigration process
- You have a religious belief or moral objection to receiving the vaccine. If you are trying to get a waiver of the vaccine requirement on this basis, you will have to fill out and submit Form I-601, Waiver of Grounds of Inadmissibility.
As the pandemic evolves, requirements for COVID vaccination are likely to evolve too. If you have questions about what vaccinations are required, whether you are eligible for a waiver, or how to document your vaccinations, please contact our law office to schedule a consultation.
Categories: Immigration Law