On March 18, 2021, the Biden administration extended ongoing journey restrictions alongside the United States-Canada and United States-Mexico land ports of entry by April 21, 2021. The restrictions, which had been beforehand set to run out on March 21, 2021, prohibit all “non-essential” journey from coming into the USA to stop the unfold of COVID-19. These restrictions have been in impact since March 21, 2020.
As outlined within the newest replace revealed within the Federal Register, the discover of restrictions “doesn’t apply to air, freight rail, or sea journey” between the USA and Canada and/or Mexico. [Emphasis added.] Nevertheless, the border restrictions are nonetheless in pressure for “passenger rail, passenger ferry journey, and pleasure boat journey” between the USA and Canada and/or Mexico. Most significantly, journey for “work” is taken into account “important” for the needs of the restrictions.
“Important” and “Non-Important” Journey Outlined
U.S. Customs and Border Safety (CBP) defines “important journey” as the next:
“U.S. residents and lawful everlasting residents returning to the USA;
People touring for medical functions (g., to obtain medical therapy in the USA);
People touring to attend academic establishments;
People touring to work in the USA (g., people working within the farming or agriculture business who should journey between the USA and Canada [or Mexico] in furtherance of such work);
People touring for emergency response and public well being functions (g., authorities officers or emergency responders coming into the USA to assist federal, state, native, tribal, or territorial authorities efforts to reply to COVID-19 or different emergencies);
People engaged in lawful cross-border commerce (g., truck drivers supporting the motion of cargo between the USA and Canada [or Mexico]);
People engaged in official authorities journey or diplomatic journey;
Members of the U.S. Armed Forces, and the spouses and youngsters of members of the U.S. Armed Forces, returning to the USA; and
People engaged in military-related journey or operations.”
Conversely, CBP defines “non-essential” journey as journey for “tourism functions (e.g., sightseeing, recreation, playing, or attending cultural occasions).” In its press launch, CBP additionally defines “non-essential” journey to incorporate visiting household and associates, coming into the USA to purchase objects simply present in Canada or Mexico (e.g., groceries and gas), and selecting up or dropping off mail.
Influence on Employers
Vacationers looking for to enter the USA for work functions, and who maintain legitimate nonimmigrant work visas (e.g., L-1s, H-1Bs, and so on.), are eligible for admission, though extra screening is feasible. People who’re touring for non-work-related functions, together with dependent members of the family of these people already in the USA, might expertise enhanced screening or potential denial of admission. To reiterate, these journey restrictions don’t have an effect on air journey into the USA.
The journey restrictions have been in impact for over one 12 months at this level, and whereas including sure ranges of stress for varied vacationers, journey into the USA from Canada and Mexico has remained comparatively fixed all through the pandemic. Nonetheless, vacationers planning to enter the USA by a land crossing port of entry might wish to put together for extra screening measures and questions associated to the character and goal of their journey in the USA. To this point, no particular COVID-19 testing requirement has been carried out for vacationers coming into the USA by way of land crossing, passenger ferry, or passenger rail.
In response to an order from the U.S. Facilities for Illness Management and Prevention, all worldwide air passengers 2 years of age and older coming into the USA, together with U.S. residents, are required to have a unfavorable COVID-19 check end result or proof of restoration from the virus throughout the final 90 days. The check outcomes should be from a COVID-19 check taken inside three calendar days of the date of departure.
© 2020, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.Nationwide Regulation Evaluation, Quantity XI, Quantity 95