Validity of covid-19 vaccines (per CDC)

[milimelo 4,477]

Question to all as this has me scratching my head.  This link from CDC is a faq on covid vaccines requirement. Per CDC, only non-immigrant visas including K-1 require proof of covid-19 vaccine. IMMIGRANT visas do not (as immigrant visa holders turn LPRs upon activation if their visa/processing at POE). 
 

https://www.cdc.gov/coronavirus/2019-ncov/travelers/proof-of-vaccination.html#faq

 

 

Immigrants and Other Non-affected Persons

The Presidential Proclamation and CDC’s Amended Order do not apply to immigrants (including Special Immigrant Visa holders). An immigrant is any non-U.S. citizen who has a visa listed in “Immigrant Visa Categories” on the U.S. Department of State’s webpage Directory of Visa Categories; it does not include K nonimmigrant visa holders, who are Covered Individuals (see below).

 

 

On what authority is DOS changing DS-3026 (medical examination of immigrants) to require covid-19 vaccine when it goes against CDC rules? 
 

[TBoneTX 45,266]

The CDC's page was last updated on 14 July 2022; I see no revision date in the DOS link.  Are the protocol updates catching up with each other?

 

This may be a question for the Bureau of Consular Affairs.  The answer will be interesting.

[milimelo 4,477]

If I were an immigrant visa beneficiary I’d be pushing back on any attempt to require covid-19 shots (if not choosing to get it). They don’t seem to have a standing based on this. 

[Chancy 6,241]

37 minutes ago, milimelo said:

On what authority is DOS changing DS-3026 (medical examination of immigrants) to require covid-19 vaccine when it goes against CDC rules? 

 

CDC actually does require COVID vaccinations for visa applicants, particularly immigrant visa applicants.  So DOS is actually complying with CDC rules.  The CDC page for the COVID vaccination requirement for immigrant medical exams is here -- https://www.cdc.gov/immigrantrefugeehealth/panel-physicians/covid-19-technical-instructions.html

 

The CDC page you linked above is about the requirement for travelers, not visa applicants pre-medical.  Incidentally, that exception for travelers who are immigrant visa holders applied to me.  In my case, it all has to do with timing.  I completed my visa medical in Sep 2021, which was before the COVID vaccination requirement for visa medicals came into effect in Oct 2021.  I still had not been fully vaccinated for COVID on the day of my flight, which was after the requirement for travelers came into effect in Nov 2021.  But because I was traveling with an IR1 visa, I declared myself on the attestation form as an unaffected person, not a "Covered Individual".  Thankfully, the airline check-in supervisor was aware of the exception for immigrant visa holders, so I was able to board without much hassle.

 

Nowadays, obviously there would not be immigrant visa holders who would qualify for the exception for travelers like I did, simply due to the timing of their medical.  They could still travel to the US without being vaccinated for COVID if they have an approved waiver at the time of their visa medical.  On the other hand, K1 visa holders who are not fully vaccinated for COVID would not be able to board their flight to the US, regardless of any waiver.

 

[milimelo 4,477]

 

Actually someone told me they don’t require covid-19 shots from immigrant visa applicants any longer. Don’t know how accurate that is. 

[TBoneTX 45,266]

12 minutes ago, milimelo said:

Don’t know how accurate that is.

Might the Bureau of Consular Affairs be able to clear it up?  This would be enlightening.

[milimelo 4,477]

10 hours ago, TBoneTX said:

Might the Bureau of Consular Affairs be able to clear it up?  This would be enlightening.

Let me see what I can find out. Today I was told all requirements were off but then I pointed out Djokovic couldn't play at US open because of it... and that's b-2 visa. I was assured the immigrant requirement was rescinded - haven't seen that either. 

[Adventine 3,196]

2 hours ago, milimelo said:

Let me see what I can find out. Today I was told all requirements were off but then I pointed out Djokovic couldn't play at US open because of it... and that's b-2 visa. I was assured the immigrant requirement was rescinded - haven't seen that either. 

 

A bit tangential to your original question, but Djokovic applied for a B2 visa for the US Open? I'm surprised, I thought he would need a P-1A athlete visa.

 

Back on topic, I'm also interested in learning if the COVID vaccines are definitively no longer required to pass the immigrant medical exam. I definitely thought it was trending the other way - that it would become permanent, like the other longstanding vaccine requirements.

[EC&IC 32]

We're very curious about this, also. Please let us know if you find out anything!