Federal Government Drops COVID-19 Vaccination Requirement for Legal Immigrants

Immigrants wait for interviews at the U.S. Citizenship and Immigration Services Queens office in the Long Island City neighborhood of New York City on May 30, 2013. John Moore/Getty Images

A COVID-19 vaccine is no longer a requirement for individuals seeking permanent residence in the United States, U.S. Citizenship and Immigration Services (USCIS) said in a Jan. 22 notice.

USCIS, which oversees legal immigration, imposed the COVID-19 vaccination requirement in October 2021 on people looking to move to the United States. Applicants were required to submit proof of COVID-19 vaccination before completing medical examinations.

“USCIS will not issue any Request for Evidence or Notice of Intent to Deny related to proving a COVID-19 vaccination,” the agency stated. “USCIS will not deny any adjustment of status application based on the applicant’s failure to present documentation that they received the COVID-19 vaccination.”

USCIS did not respond to a request for more information, including whether the change applies retroactively.

The U.S. Centers for Disease Control and Prevention, whose guidance the USCIS cited when announcing the COVID-19 vaccine mandate, did not return an inquiry.

U.S. immigration officials typically accept proof of prior infection instead of vaccination but did not offer that option for COVID-19. They did offer exceptions for people whose doctor decided a COVID-19 vaccine was not medically appropriate, or whose religious beliefs did not permit a vaccination.

Some applicants successfully sought exceptions, Christina Xenides, a lawyer with Siri & Glimstad LLP, told The Epoch Times in an email.

Xenides said that the requirement has negatively impacted numerous immigrants while it has been in place.

“Families have endured prolonged separation due to this specific vaccine requirement, and others have had to give up their American dream due to either not wanting to receive the vaccine themselves or give it to their children as young as 6 months, as was required per CDC guidelines,” she said.

“The requirement for all residency applicants aged six months and older to receive this vaccine was particularly troubling for many reasons, especially given the clear evidence that the available vaccines do not prevent the transmission of COVID-19. Additionally, USCIS’s refusal to recognize natural immunity as a valid medical waiver and the limited scope of accepted medical contraindications effectively rendered these options inaccessible for many individuals with serious health conditions.”

Other USCIS vaccination requirements, including for the mumps, measles, and rubella vaccine, are still in place.

Xenides said that people can seek waivers for the remaining vaccination requirements. If they’re solely opposed to COVID-19 vaccination, she said, the revocation of the COVID-19 vaccine mandate “marks a significant and positive development.”