Requirement for Proof of Negative COVID-19 Test or Recovery from COVID-19 for All Air Passengers Arriving in the United States

If you plan to travel internationally, get tested before you travel by air into the United States (US), or be prepared to show proof of a recent positive viral test and a letter from your healthcare provider or a public health official stating that you were cleared to travel.

On January 12, 2021, CDC issued an Order requiring all air passengers arriving to the US from a foreign country to get tested no more than 3 days before their flight departs and to provide proof of the negative result or documentation of having recovered from COVID-19 to the airline before boarding the flight. This Order will go into effect on January 26, 2021.

This Order applies to all air passengers, 2 years of age or older, traveling into the US, including US citizens and legal permanent residents.

For more information, click here.

Termination by Trump Administration of Restrictions on Entry of Certain Travelers from the Schengen Area, the U.K., Ireland, and Brazil to Take Effect 1/26, but may be Subject to Change under new Presidential Administration

Effective 12:01 am (ET) on January 26, 2021, travel restrictions applicable to the Schengen Area, the United Kingdom, the Republic of Ireland, and Brazil will be terminated, while leaving in place the restrictions applicable to the People’s Republic of China and Iran. Therefore, the following Proclamations are terminated on January 26, 2021: Proclamation 9993 of March 11, 2020Proclamation 9996 of March 14, 2020; and Proclamation 10041 of May 24, 2020. The lifting of the travel restrictions applicable to the Schengen Area, the United Kingdom, the Republic of Ireland, and Brazil does not supersede the CDC  order issued on January 12, 2021, also effective on January 26, 2021 requiring proof of a negative COVID-19 test or documentation of having recovered from COVID-19 for all air passengers arriving from a foreign country.

Note however that on January 19, 2021 a representative of the then incoming Biden Administration informally stated that on the advice of its medical team, the Administration does not intend to lift these restrictions. As this is a fluid situation, counsel should be consulted.

For more information, click here.

President Trump Issues Memorandum on Deferred Enforced Departure for Certain Venezuelans

On January 19, 2021, through a Presidential Memorandum, DHS and DOS Secretaries were directed to take action to defer, with certain exceptions, for 18 months the removal of any Venezuelan national, or individual without nationality who last habitually resided in Venezuela, who is present in the United States as of January 20, 2021.

For more information, click here.

If you have any questions, please contact Gunster Immigration attorneys Sarah Tobocman, Mariana Ribeiro, Beatriz Osorio, and Maria Romero.

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This publication is for general information only. It is not legal advice, and legal counsel should be contacted before any action is taken that might be influenced by this publication.

About Gunster

Gunster, Florida’s law firm for business, provides full-service legal counsel to leading organizations and individuals from its 12 offices statewide. Established in 1925, the firm has expanded, diversified and evolved, but always with a singular focus: Florida and its clients’ stake in it. A magnet for business-savvy attorneys who embrace collaboration for the greatest advantage of clients, Gunster’s growth has not been at the expense of personalized service but because of it. The firm serves clients from its offices in Boca Raton, Fort Lauderdale, Jacksonville, Miami, Orlando, Palm Beach, Stuart, Tallahassee, Tampa, Vero Beach, and its headquarters in West Palm Beach. With more than 240 attorneys and consultants, and over 240 committed support staff, Gunster is ranked among the National Law Journal’s list of the 500 largest law firms and has been recognized as one of the Top 100 Diverse Law Firms by Law360. More information about its practice areas, offices and insider’s view newsletters is available at


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