As of 12:01 a.m. on Sunday, June 12, 2022, passengers flying to the United States from abroad will no longer need to present a negative COVID-19 test to board (or prove that they have recovered from COVID-19 within the prior 90 days). Non-U.S. citizens, including those entering on temporary visas (with limited exceptions), must still show proof that they are fully vaccinated.

This relaxation of the test requirement was announced by the White House based on a CDC recommendation.  The CDC determined that the science and data made it clear that the requirement was no longer needed, at least in part because of the great progress that the United States has made in terms of vaccines and treatments that prevent serious illness and deaths.  The CDC, however, will review the data within 90 days and reinstate the requirement if circumstances change.

The negative COVID-test rule for international travel back to the United States was first put in place in January 2021 by the Trump Administration.  At that time, the test had to be performed within three days of boarding.  By December 2021, the Biden Administration changed the rule to require the test within one day of departure. For some time, the rule has been opposed by airlines and the travel industry because of its financial impact.  Travel plans were being postponed because individuals feared being stuck abroad if they or any member of their party tested positive.  Moreover, some individuals who tested positive (or feared they would) were circumventing the rule by entering the United States at a land or sea port of entry where negative COVID-19 tests were not required.

In April 2021, a federal court struck down the COVID-19 mask mandate for planes, trains and buses, although the CDC still recommends masking, and the administration is appealing that decision.

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Photo of Forrest G. Read IV Forrest G. Read IV

Forrest Read is a Principal in the Raleigh, North Carolina, office of Jackson Lewis P.C. He has extensive experience in both business immigration law and employment law and has particular focus in legal issues in graduate medical education (GME).

Mr. Read’s immigration practice…

Forrest Read is a Principal in the Raleigh, North Carolina, office of Jackson Lewis P.C. He has extensive experience in both business immigration law and employment law and has particular focus in legal issues in graduate medical education (GME).

Mr. Read’s immigration practice focuses on assisting employers in obtaining employment-based nonimmigrant visas (e.g., H-1B, L, O, TN) for foreign national employees and work-related immigrant (green card) visas, including PERM Labor Certifications, and advising employers on compliance with U.S. immigration laws and regulations. He has broad experience in advising large, mid-size and small employers on their various immigration needs and developing strategies to help them navigate through complex immigration issues. He also has particular experience in counseling employers in the health care industry and addressing immigration-related issues that arise for their broad range of health care professional employees (including advising on and obtaining employment authorization for medical residents and fellows and obtaining J-1 visa waivers for foreign national physicians completing their medical training in the United States). His immigration practice also includes defending employers in connection with Department of Labor H-1B and H-2B investigations.

Mr. Read’s employment law experience includes representing management, particularly academic medical centers in the GME context, in a wide array of workplace disputes and litigation before federal and state courts and administrative agencies, including matters related to discrimination, retaliation, harassment, disability, family and medical leave, various wage and hour issues, contracts, and intentional torts. He advises academic medical centers on the interplay between applicable academic law and employment law and the ramifications of what are divergent legal requirements and standards. Mr. Read also provides counsel with respect to the legal impact of competency standards for residents and trainees in GME, including situations involving discipline, remediation, and dismissal. He provides advice and guidance in the peer review process, including provision of verification and assessment of training in response to third party inquiries.

As a member of the Firm’s Corporate Diversity Counseling group, Mr. Read also has experience in providing assessments and making recommendations to corporate and institutional clients with respect to diversity and inclusion policies and initiatives, conducting related internal investigations, and shaping, developing and enforcing effective policies and initiatives to ensure consistency with client values and in furtherance of business goals and objectives.