Department of Homeland Security Steps up Vaccine Requirements for H-2A Workers

Effective Jan. 22, 2022, the Department of Homeland Security began requiring non-U.S. individuals seeking to enter the U.S. to show proof of COVID-19 vaccination. These new restrictions will apply to all non-U.S. individuals who are traveling for both essential and non-essential reasons.  This means arriving H-2A workers will now be required to show proof of COVID-19 vaccination.

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The changes were first announced in October. Since then, there have been efforts by ag industry associations like the Georgia Fruit and Vegetable Growers Association and congressional offices to have this regulation overturned. While work continues to overturn the ruling, the restriction is now being implemented.

For purpose of entry into the U.S., the only vaccines accepted are those authorized for emergency use, or approved by the FDA, or listed for emergency use by the World Health Organization, which include Pfizer-BioNTech, AstraZeneca, Moderna, and J&J.

These restrictions are temporary and will remain in effect through April 21, 2022, unless amended or rescinded prior to that date.

Non-U.S. individuals traveling to the U.S. via land ports of entry or ferry terminals, whether for essential or non-essential reasons, must:

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  • verbally attest to their COVID-19 vaccination status;
  • provide proof of a CDC-approved COVID-19 vaccination, as outlined on the CDC website;
  • present a valid Western Hemisphere Travel Initiative (WHTI)-compliant document, such as a valid passport, Trusted Traveler Program card, or Enhanced Tribal Card; and,
  • be prepared to present any other relevant documents requested by a U.S. Customs and Border Protection (CBP) officer during a border inspection.

COVID-19 testing is not required for entry via a land port of entry or ferry terminal.

For additional information, click here for more guidance from DHS.

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