COVID-19 Test Requirement to All Air Passengers Entering the United States

By: Dayna Lally, Esq.[i]

On January 21, 2021, President Biden issued an Executive Order titled “Promoting COVID-19 Safety in Domestic and International Travel.”[ii]

Section 5(b)(i) of the Executive Order requires that:

The Secretary of HHS, including through the Director of CDC, and in coordination with the Secretary of Transportation (including through the Administrator of the FAA) and the Secretary of Homeland Security (including through the Administrator of the TSA), shall, within 14 days of the date of this order, assess the CDC order of January 12, 2021, regarding the requirement of a negative COVID-19 test result for airline passengers traveling into the United States, in light of subsection (a) of this section. 

The CDC order of January 12, 2021, requires that all air passengers undergo a viral test (a test for current infection) within 3 days before their flight to the United States and provide written documentation of their laboratory test result (paper or electronic) to the airline.[iii] Airlines must confirm the negative test result for all passengers and deny boarding to any passenger who does not provide documentation of a negative test or recovery.[iv]

Based on assessment of the CDC order of January 12, 2021, the Secretary of HHS and the Secretary of Homeland Security shall take any further appropriate regulatory action, to the extent feasible and consistent with CDC guidelines and applicable law.[v]

Lally Immigration Services, LLC is closely monitoring the situation and will provide updates as they become available. If you have questions or concerns about COVID-19 testing before or after entering the United States, contact immigration lawyer, Dayna Lally, at [email protected]. Consultation fees apply.

Disclaimer: The materials available on or from this website are provided for general informational purposes only; they do not constitute legal advice. Consult with an immigration lawyer with your specific questions or concerns.

[i] Dayna Lally is an immigration lawyer and the owner of Lally Immigration Services, LLC.

[ii] See: https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/21/executive-order-promoting-covid-19-safety-in-domestic-and-international-travel/.

[iii] See: https://www.cdc.gov/media/releases/2021/s0112-negative-covid-19-air-passengers.html.

[iv] Id.

[v] See: https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/21/executive-order-promoting-covid-19-safety-in-domestic-and-international-travel/.