ARTICLE
23 September 2021

USCIS Updates COVID-19 Vaccination Requirements Policy For Green Card Applicants

OD
Ogletree, Deakins, Nash, Smoak & Stewart

Contributor

Ogletree Deakins is a labor and employment law firm representing management in all types of employment-related legal matters. Ogletree Deakins has more than 850 attorneys located in 53 offices across the United States and in Europe, Canada, and Mexico. The firm represents a range of clients, from small businesses to Fortune 50 companies.
United States Citizenship and Immigration Services (USCIS) recently announced that, effective October 1, 2021, applicants for permanent residence (i.e., green card applicants)...
United States Immigration
To print this article, all you need is to be registered or login on Mondaq.com.

United States Citizenship and Immigration Services (USCIS) recently announced that, effective October 1, 2021, applicants for permanent residence (i.e., green card applicants) who are "subject to the immigration medical examination must be fully vaccinated against COVID-19 before the civil surgeon can complete ... [the] examination and sign Form I-693, Report of Medical Examination and Vaccination Record." USCIS stated that this requirement "applies prospectively to all Forms I-693 signed by the civil surgeons" on or after October 1, 2021. USCIS also stated that it is revising the Form I-693 and its instructions to include the vaccination requirement.

The updated USCIS policy guidance follows the U.S. Centers for Disease Control and Prevention's (CDC) August 17, 2021, update to the Technical Instructions for Civil Surgeons. The CDC update required applicants subject to the immigration medical examination to "complete the COVID-19 vaccine series [in addition to the other routinely required vaccines] and provide documentation of vaccination to the civil surgeon in person before completion of the medical examination."

Applicants seeking to adjust their immigration status within the United States, as well as applicants applying for immigrant visas at U.S. embassies and consulates abroad, are subject to this requirement. To demonstrate they have completed the vaccination series, applicants may present their official vaccination records or copies of their medical charts showing that they have been vaccinated against COVID-19. The CDC stated in its guidance that "self-reported vaccine doses" will not be accepted unless they are confirmed by a doctor or other medical professional with "written documentation." The CDC also noted that the COVID-19 vaccines manufactured by Pfizer-BioNTech, Moderna, and Janssen (Johnson & Johnson) are all acceptable.

USCIS stated that it "may grant blanket waivers" of the new vaccination requirement "if the COVID-19 vaccine is:

  • Not age-appropriate;
  • Contraindicated due to a medical condition;
  • Not routinely available where the civil surgeon practices; or
  • Limited in supply and would cause significant delay for the applicant to receive the vaccination."

USCIS also stated that "[i]ndividuals may also apply for individual waivers based on religious beliefs or moral convictions by submitting Form I-601, Application for Waiver of Grounds of Inadmissibility."

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More