What does Fully Vaccinated Mean?

You must have received a vaccine approved or authorized by the Food and Drug Administration (FDA) or World Health Organization (WHO), which currently includes the following vaccines: Janssen/Johnson & Johnson (Single Dose), Pfizer-BioNTech, Moderna, AstraZeneca, Covishield, BIBP/Sinopharm, and Sinovac.

You are considered fully vaccinated two weeks after receiving the last dose of a multi-dose, or the first dose of a single dose, approved vaccine. Receipt of doses from any two different approved vaccines is acceptable.

What Proof is Required?

Before boarding a flight to the United States, adult nonimmigrant travelers must provide proof of vaccination to

• Verifiable digital or paper records. This includes, but is not limited to, vaccination certificates or digital passes accessible via QR code (such as the UK NHS COVID Pass and the European Union Digital COVID Certificate)

• Non-verifiable paper records: A paper vaccination record or a COVID-19 vaccination certificate issued by a national or subnational level agency or by an authorized vaccine provide (such as the Centers for Disease Control and Prevention (CDC) vaccination).

• Non-verifiable digital records: Digital photos of vaccination card or record, or a download record or vaccination certificate from an official source (e.g. public health agency, government agency, or other authorized

Airlines will verify that the form of proof includes a name and date of birth that matches other identification documents, is from an official source within the country the vaccine was issued, and shows full vaccination. You must confirm with the airline if translation is required for documents not in English.

For land border and ferry crossings, CBP will require similar proof of vaccination and that the traveler attest to their reason for travel.

Who Is Not Required to Be Vaccinated?

Certain travelers are not required to show proof of vaccination to board a flight to the United States. At this time, these include:

• U.S. citizens

• U.S. nationals Legal Permanent Residents (Green Card Holders)

• Children under 18

• Those who participated or are participating in CDC-approved clinical trials

• Those for whom approved COVID-19 vaccination is medically contraindicated as determined by a licensed physician

• Those granted humanitarian or emergency exceptions by the Director of the CDC

• Citizens of countries where less than 10% of the population is vaccinated, and who seek entry pursuant to a nonimmigrant visa (not including B-1/B-2 travelers)

• Members of the U.S. armed forces and their spouses and children

• Those whose entry would be in the national interest, as determined by the Secretaries of State

• Transportation, or Homeland Security or their designees Diplomats or individuals on official government travel (A-1, A-2, C-3, E-1 (TECRO or TECO), G-1, G-2, G-3, G-4, NATO-1 through NATO-4, NATO 6)

• Individuals invited by the United Nations

• Sea crew members (C-1 and D)

• Airline crew members

Is a Negative Test and/or Quarantine Required?

All travelers over the age of two, vaccinated or not, must have a negative COVID-19 test prior to boarding a flight bound for the United States. If you are fully vaccinated, you must show proof of a negative COVID-19 test taken no more than three days prior to your travel. If you are not vaccinated, you must show a negative COVID-19 test taken no more than one day prior to your travel. If you have recently recovered from COVID-19 in the past 90 days, you must show proof of recovery and provide a letter from a licensed healthcare provider or public health official.

If you are not vaccinated, you will also be required to attest that:

• You will be tested 3-5 days after arrival in the United States, unless you recovered from COVID-19 within the past 90 days;

• You will self-quarantine for a full seven days, unless you have recovered from COVID-19 within the past 90 days; and

• You will self-isolate if the post-arrival test is positive or if you develop COVID-19 symptoms.

If you are unvaccinated and plan to be in the United States longer than 60 days, you must attest that you agree to be vaccinated against COVID-19, and you have arranged for vaccination within 60 days of arriving in the United States, unless you are eligible for an exemption from receiving the vaccine.

If you need to learn more about COVID-19 travel requirements, please contact your immigration attorney or find a lawyer at https://www.golawcorp.com/.

Travel & Dependents

17. Am I subject to travel restrictions while my H-1B is pending?

If your H-1B cap petition is filed as a “change of status” (COS), you must be in the United States when we file the petition and should not leave the country until it is approved. If you leave the country before the petition is approved, the request for a change of status will be abandoned, and you will not automatically convert to H-1B status on October 1, 2022. If you are in F-1 status, this could also affect your eligibility for a “cap-gap” extension of work authorization (see section below on F-1 OPT students). We recommend you contact us immediately if urgent travel arises while an H-1B change of status petition is pending.

18. Can I include my dependents on my application?

If you are in the United States and the H-1B petition is being filed requesting a change of status, then your dependents may also be eligible to file an H-4 change of status application concurrently with your petition. Information about dependents is not submitted during the online registration phase.

F-1 Optional Practical Training (OPT) Students

19. Assuming my registration is selected in the lottery and an H-1B petition is filed for me, will I have to leave the country and/or stop working if my OPT expires after April 1st, but before the October 1, 2022 start date?

No, you will not have to leave the country or stop working, provided the following conditions are met: your H-1B petition is filed as a change of status requesting an October 1, 2022 start date; the petition is filed before your OPT expires and approved; and you do not depart the United States before the petition is approved (i.e. while it is pending). This is called a “cap-gap extension.” Cap-gap extensions do not apply to curricular practical training (CPT). Our office will prepare complete petitions prior to the close of the registration period for students in F-1 status who will need to use the cap-gap extension, and whose OPT is expiring in early April.

20. If I am rejected in the lottery and my OPT is expiring, what are my options to continue working in the US?

This will depend on your specific circumstances, which we will discuss with you if you are not selected in the lottery. If you are eligible for a STEM OPT extension, and your employer has agreed to sponsor such extension, you may be able to extend your F-1 OPT for an additional two years, which would give you more chances in subsequent lotteries.

21. Can I leave the country after the H-1B cap petition is filed and before it is approved?

If your petition was filed requesting a change of status, you should not leave the country until the petition is approved. If international travel becomes unavoidable, please contact our office before leaving. If you leave before the petition is approved, your change of status will be considered abandoned, and your H-1B will not automatically take effect on the start of the fiscal year (October 1, 2022). You would also not be eligible for a “cap-gap extension” (see above). If your petition was filed requesting consular notification, there are no restrictions on international travel while your H-1B cap petition is pending.

22. My first year of OPT is expiring after April 1, but before October 1, and I am eligible to file a STEM extension. Should I file for the STEM extension before April 1, 2022?

The answer to this will depend on many factors, including whether you have international travel plans, and when your OPT is expiring. Please contact our office to discuss specifics.

23. Can I leave the country after the H-1B petition is approved but before October 1, 2022?

Yes, but if you will be reentering the country before September 21, 2022, you must enter using a valid F-1 visa, valid I-20, EAD card, and employment verification. If you seek to reenter on September 21, 2022 or later, you may enter with an H-1B visa, but you will not be able to start working in H-1B status until October 1, 2022. Note that if you are working pursuant to a cap gap extension (see above) we recommend that you do not leave the country during the gap (between your OPT extension and October 1, 2022).  In  all cases where your petition will be filed requesting a change of status, we strongly encourage you to check with our office before planning international travel.

24. If my H-1B cap petition is approved, will I need to apply for an H-1B visa at a U.S. Embassy or Consulate abroad?

If you are in the United States and your H-1B petition was approved with a request for a change of status, your H-1B status will automatically take effect on October 1, 2022. You will not need to leave the country before then to obtain an H-1B visa. However, if you seek to reenter the country after October 1, 2022, you will have to apply for and obtain an H-1B visa at a U.S. Embassy or Consulate abroad before reentering (unless you are a Canadian citizen, or are traveling only to Canada or Mexico for a brief trip and qualify for automatic visa revalidation).

If your H-1B petition was filed requesting consular notification, you will need to apply for an  H-1B visa before entering the country in H-1B status (unless you are Canadian). The soonest that you can enter the United States in H-1B status is September 21, 2022, and you cannot begin working in H-1B status until October 1, 2022.