COVID-19 Vaccination Requirement for Green Card Applicants

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Summary

Starting October 1, 2021, all applicants for green cards, such as EB-3 unskilled, will be required to obtain the full COVID-19 vaccination to get approval for their medical exam and obtain permanent residence. This new order from the Centers for Disease Control and Prevention (CDC) applies to both adjustment of status applicants in the United States and immigrant visa applicants applying for green cards abroad at U.S. embassies and consulates.

Only applicants who are age-eligible and deemed medically appropriate to receive the COVID-19 vaccine will be held to the requirement.

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A Closer Look at the Requirement

Starting October 1, 2021, green card applicants will need to show proof that they have received a full COVID-19 vaccine series to be eligible for permanent residence. On August 17, 2021 the CDC announced in guidance for civil surgeons that the new requirement will apply to persons who are seeking to adjust their immigration status within the United States as well as those applying for an immigrant visa at U.S. consulates abroad.

CDC's Role in the Requirement

The CDC is responsible for ensuring that noncitizens entering the United States do not have health conditions that would pose a public health threat. According to the CDC:

COVID-19 meets the definition of a quarantinable communicable disease and is classified as a Class A Inadmissible Condition under the U.S. Citizenship and Immigration Services (USCIS) policy manual.
Class A conditions render a person inadmissible and ineligible for a visa or adjustment of status.

Proof of Vaccination

Green card applicants must present evidence of completing the entire vaccine series (one or two doses depending on the vaccine). Acceptable documentation includes:

An official vaccination record
A copy of a medical chart showing vaccination against COVID-19

‍Self-reported vaccine doses without written documentation from a medical professional will not be accepted.

Approved Vaccine Brands

The acceptable versions of the vaccine include those manufactured by:

Pfizer-BioNTech
Moderna
Janssen (Johnson & Johnson)

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What Happens If I’m Not Fully Vaccinated?

When the new requirement takes effect on October 1, 2021, green card applicants attending their medical examination will need to show proof of full COVID-19 vaccination.

Can the Doctor Administer the Vaccine?

If the COVID-19 vaccine is available to the U.S. civil surgeon or panel physician conducting the exam, the doctor is permitted to vaccinate the applicant. However:

The applicant must complete the full COVID-19 vaccine series before the medical exam can be completed.
Case processing may be delayed if the applicant attends the exam unvaccinated.

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Can I Obtain a Waiver?

Possibly, but it may delay your case.

Blanket Waivers

Blanket waivers of the COVID-19 vaccine requirement apply to applicants who:

Are younger than the lowest age limit for available vaccines in their jurisdiction.
Have a documented medical contraindication.
Reside in a jurisdiction where the COVID-19 vaccine is not routinely available.

Religious or Moral Convictions

Applicants objecting to the vaccine on religious or moral grounds must submit a waiver request to USCIS.

USCIS—not the examining physician or the CDC—will determine if the waiver is granted.

Immunity Testing

Lab tests for COVID-19 immunity are not accepted as proof of immunity for the green card medical exam.
Applicants must receive the vaccine even if they have previously had COVID-19.

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Does This Apply to Consular Processing Cases?

Yes, the new rules apply to consular cases.

COVID-19 Testing for Immigrant Visa Applicants

Immigrant visa (IV) applicants must be tested for infection if they report symptoms of COVID-19 when scheduling or attending their medical exam.
If tested positive, the exam will be postponed until recovery criteria are met.
Testing of asymptomatic applicants (age two and older) may be required at the discretion of the panel physician.

Close Contacts of Persons with COVID-19

IV applicants in close contact with someone who has COVID-19 must complete a 14-day quarantine before clearing their medical exam.

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Can Non-Citizens Get the COVID-19 Vaccine in the U.S.?

Yes, non-citizens are permitted to receive the vaccine while in the United States.

Equal Access for All Immigrants

The Department of Homeland Security (DHS) pledged that all immigrants—documented or undocumented—will have equal access to COVID-19 vaccines and vaccine distribution sites.

Receiving the COVID-19 vaccine does not count as a public charge.

No Health Insurance Required

You don’t need health insurance to receive the vaccine.
Uninsured people can receive the vaccine as soon as they are eligible.

No Cost for the Vaccine

The vaccine is provided free of charge by the CDC.
You will not have to pay any provider fees or copays.

No Proof of Immigration Status Required

While your vaccination provider may ask for some form of documentation (like an ID), you do not need to provide proof of immigration status.
Personal information provided for public health purposes will not be used for civil, criminal, or immigration enforcement purposes.

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Is the Vaccine Safe?

Yes. There are three COVID-19 vaccines currently available in the United States: Pfizer, Moderna, and Janssen (Johnson & Johnson). All three have been shown to be safe and effective in clinical trials, and millions of people have already received their vaccines.

Common Vaccine Concerns

Can the vaccine make me sick with COVID-19?

No. None of the vaccines currently being distributed in the U.S. contain the live virus that causes COVID-19. The vaccines teach your body how to build immunity.

Will the vaccine alter my DNA?

No. The vaccines don’t interact with your DNA at all.

What about vaccine side effects?

Like any vaccine, some people may experience mild side effects after injection, such as:

Fever
Headache
Swelling at the injection site

Most reactions go away within a few days, according to the World Health Organization (WHO).

Do I still need to get vaccinated if I’ve already had COVID-19?
Yes. Natural immunity's duration is still under investigation, so vaccination is still required.

Is the vaccine safe during pregnancy?
Yes. There’s currently no evidence that the vaccines cause any issues with pregnancy or fertility.

Was the vaccine development rushed?
No. The vaccines from Pfizer and Moderna were released rapidly because the companies used a method that had been in development for years. The FDA issued an emergency use authorization in response to the pandemic. Studies have confirmed the vaccines' safety and effectiveness.