As of January 22, 2025, USCIS is waiving any and all COVID-19 vaccination requirements for eligible applicants seeking adjustment to permanent residence within the United States. Therefore, Form I-485 (green card) applicants are no longer required to present documentation on their Form I-693, Report of Immigration Medical Examination and Vaccination Record, that they received the COVID-19 vaccination.
The USCIS notice states, “USCIS will not issue any Request for Evidence or Notice of Intent to Deny related to proving a COVID-19 vaccination. 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.”
Under the Immigration and Nationality Act (INA) section 212(a)(1)(A)(ii), green card and Immigrant Visa applicants are inadmissible and ineligible for permanent residence if they fail to show proof that they were vaccinated against communicable diseases of public health significance, which are vaccine-preventable. The list has long included:
- Mumps
- Measles;
- Rubella;
- Polio;
- Tetanus and Diphtheria Toxoids;
- Pertussis;
- Haemophilus influenzae type B;
- Hepatitis B
USCIS adds that it considers other vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices (ACIP).The ACIP is an advisory committee to the Department of Health and Human Services (HHS)/Centers for Disease Control and Prevention (CDC) that recommends immunizations for the general U.S. population.
Since December 2009, CDC has assessed whether vaccines recommended for the general U.S. population should be required for immigration purposes on a regular and on an as-needed basis according to specific criteria set by CDC.
CDC is responsible for publishing the Technical Instructions for Civil Surgeons who conduct immigration medical examinations. Along with the HHS regulations, they instruct civil surgeons on how to conduct the vaccination assessment. The civil surgeon records the results of the immigration medical examination, including vaccination assessment, on USCIS’ Form I-693, which is included with the Form I-485 application for permanent residence.
In October 2021, the former Biden Administration implemented the COVID-19 vaccination requirement for green card and Immigrant Visa applicants based on CDC’s finding that COVID-19 was vaccine-preventable. In its October 2023 article, titled, 5 Things You Should Know about COVID-19 Vaccines, the CDC stated, “We have multiple years of experience showing the effectiveness of COVID-19 vaccines. However, the strains of virus causing most of the disease change and immunity wanes over time. The changes from last year’s vaccines are small, but they help make the vaccine better at targeting the virus strains circulating now and give your immune system a boost.”
The CDC added, “When considering vaccine effectiveness studies, it is critical to evaluate the totality of evidence across many studies which shows that:
- COVID-19 vaccines provide sustained protection against severe disease and death, the purpose of the vaccine.
- The protection against infection tends to be modest and sometimes short-lived, but the vaccines are very effective at protecting against severe illness.“
Despite the sharp drop in COVID-19 vaccinations across the U.S. population over the years, green card and Immigrant Visa applicants had to file for a religious or moral exemption if they refused to take the COVID-19 vaccine and had no medical contraindications. Such an exemption is challenging to get when it relates to a specific vaccine, and not vaccination in general. Although vaccination requirements continue to apply, USCIS no longer requires the COVID-19 vaccine under the Trump Administration.
The U.S. Department of State is responsible for processing Immigrant Visa applications at the U.S. Consulates and U.S. Embassies abroad. As of today, January 28, 2025, the DOS’ website continues to state:
“Panel physicians who conduct medical examinations of immigrant visa applicants are required to verify that immigrant visa applicants have met the vaccination requirements, or that it is medically inappropriate for the visa applicant to receive one or more of the listed vaccinations:
- COVID-19
- Hepatitis A
- Hepatitis B
- Influenza
- Influenza type b (Hib)
- Measles
- Meningococcal
- Mumps
- Pneumococcal
- Pertussis
- Polio
- Rotavirus
- Rubella
- Tetanus and diphtheria toxoids
- Varicella
In order to assist the panel physician, and to avoid delays in the processing of an immigrant visa, all immigrant visa applicants should have their vaccination records available for the panel physician’s review at the time of the immigrant medical examination.”
Because USCIS has dropped the COVID-19 vaccination requirement for green card applicants, it is expected that the DOS will do the same for Immigrant Visa applicants.
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The Legal Immigrant provides general information only from Dyan Williams Law. It is based on U.S. immigration laws, regulations and policies that are subject to change. Do not consider it as legal advice. The sharing or receipt of this information does not create an attorney-client relationship.
