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Covid-19 Testing Required for U.S. Entry

Covid-19 Testing

All air passengers two years of age and over entering the United States (including U.S. citizens and Legal Permanent Residents) must present a negative COVID-19 test, taken within three (3) calendar days of departure, or proof of recovery from the virus within the last 90 days.

Airlines must confirm the negative test result or proof of recent recovery for all passengers prior to boarding. Airlines must deny boarding of passengers who do not provide documentation of a negative test or recovery. 

Humanitarian exemptions to this order will be granted on an extremely limited basis and will only be considered when the country of departure lacks adequate SARS-CoV-2 testing capacity and cannot meet the requirements to provide a negative viral COVID-19 test within three (3) calendar days of departure.

There are no waivers available through this process for individuals who test positive for COVID-19. 

Individuals - or air carriers seeking to allow boarding by potentially qualifying individuals - who believe they meet the criteria for a waiver should contact the embassy or consulate serving the location from which they plan to depart and provide the information below. The embassy or consulate will then submit the request to the CDC for consideration. 

The following information must be provided for each passenger:

a. Name (family name/surname, given name), passport number and  nationality 

b. Cell phone number including country code of passenger or head of household if family unit

c. Email address of passenger or head of household if family unit

d. U.S. destination address                                                           

i.Is U.S. destination home address?             

e. Departure date 

f.  Flight itinerary, including any connecting flights  

g.  Name of submitting entity if different from passenger

h.  Name of company submitting on behalf of passenger(s) (if applicable)     

i.   Name of point of contact submitting on behalf of passenger(s) (if applicable)                             

j.   Phone and email address for POC submitting waiver request on behalf of passenger(s) (if applicable)

k.  Purpose of travel to the U.S. (provide brief explanation of why urgent travel is needed and how travel will contribute to health and safety of passengers(s))

l.  Justification for testing waiver (e.g. no testing available, impact on health and safety)

m. Documentation to support justification for test waiver, if available (e.g. medical records or orders for medical evacuation).

How many days must the negative COVID-19 viral test be taken prior to attempting to enter the United States? Is it 3 calendar days from departure or arrival in the United States? 

If you are arriving on a direct flight to the United States, your test must be done within the 3 calendar days before your flight to the United States departs. If you are arriving to the United States via one or more connecting flights, your test must be done in the 3 days before the first flight in your itinerary, but only if the connecting flights were booked as a single passenger booking with a final destination in the United States and any layovers no longer than 24 hours. If your connecting flight to the US was booked separately or a layover in your itinerary lasts longer than 24 hours or your travel is disrupted and you leave the airport, you will need to get tested within the 3 days before your flight that arrives in the US.  

Is there a specific type of COVID-19 test that must be taken? 

You will need a viral test (NAAT or antigen test) to determine if you are currently infected with COVID-19.  

Do test results need to be in English? Will the airline require a hard copy of the test results? 

Please check with your airline to determine in what language results can be submitted. CDC requires air passengers to have a paper or electronic copy of their test result for review by the airline before you board and for potential review by public health officials after you arrive in the United States. Passengers will also attest to the authenticity of the test presented.    

Will U.S. visa applicants need to present evidence of a negative COVID-19 test in order to be approved for a visa? 

YES – the order does apply to nonimmigrant and immigrant visa holders.  

What happens if my flight is delayed on my way to the United States and the 3 day time frame expires? Will I need to retest? 

If your flight is delayed before departure, you will need to get re-tested if the delay causes your test to fall outside of the 3-day pre-departure testing period requirement. A delay while traveling on a continuous itinerary will not invalidate an otherwise valid test unless it results in you leaving the airport terminal or a layover lasting longer than 24 hours.

Biden's Amnesty & Daca

Biden's Amnesty & Daca

President Biden's Amnesty

is only a PROPOSAL for a new law. That proposal is now being debated in Congress, but may take many months to pass (if it ever passes as we hope). At present, there are no applications to file or anything that can be done until Congress makes it the law.


The proposal states that persons illegally in the USA on 1/1/2021 would be eligible to file for temporary status. This status would protect you from deportation, permit you to work legally, and travel overseas. After being in the USA in temporary status for at least 5 years, you could apply for permanent residency (green card).   To qualify for permanent residency, the applicant must at a minimum prove:


 They have paid taxes in the USA

 They have not been arrested

 Maintained their employment

 Owe no child support or alimony

 Ensure they will not become a public charge

  Have completed a minimum level of education.



There is also a proposal to grant permanent residency to DACA (Deferred Action for Childhood Arrivals) holders.  If you are eligible, but not yet applied do so quickly.  The process is taking longer, but having DACA status may be a quick road to permanent residency once Congress acts. Eligible persons must have entered as children and been residing in the USA since 2007.




If you are eligible for a green card any other way (through sponsorship by employment or family) you should begin this process now.  Traditionally, people who have filed an application under a previous law have been given priority to completing their cases.   In addition, because we do not know when the final version of the law will be effective, or what will be required, it is important that you NOT WAIT but begin any application for permanent residency as soon as possible through any available means.

Our office assists in obtaining green cards by sponsorship through family members or companies/households seeking workers.  Contact our office on how you can best position yourself for the new immigration law when it happens.

America Opens Borders

America Opens Borders

President Biden

lifts Previous President's Ban on Immigration from Abroad.

President Biden declared that the previous administration's ban on immigration from abroad harms the United States by preventing certain family members from joining their families in the USA and harms industries that utilize talent from around the world. 

Because of the new order thousands of immigrants held overseas will now be able to obtain immigrant visas and enter the USA as legal permanent residents.  President Biden's declaration is another example of opening America so that immigrants can contribute to our country. 

Many of our clients family members and workers in important industries such as trucking will now be allowed to immigrate to the USA.

White House Releases Proclamation Revoking Immigrant Visa Bans

White House Releases Proclamation Revoking Immigrant Visa Bans

February 24, 2021

The White House released a proclamation revoking Proclamation 10014, section 1 of Proclamation 10052, and section 1 of Proclamation 10131, which suspended immigrant visas due to the 2019 Novel Coronavirus Outbreak. Applicant should await further instructions from Consulates.

Immigration Legal Attorney Chicago

Kurczaba Law Firm



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