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On September 28, 2020, Governor Cuomo signed Executive Order No. 205.1 confirming the mandatory quarantine requirements for international travelers arriving in New York State. 

What are the New York State quarantine requirements for international travelers?

The order modifies Executive Order No. 205, which confirmed a 14-day quarantine requirement for travelers arriving in New York from any state with a higher than 10% positivity rate over a seven day rolling average. The modification requires travelers arriving in New York from any country with a CDC Level 2 or Level 3 travel health notice level to quarantine for 14-days (consistent with Department of Health (DOH) quarantine regulations) and complete the DOH traveler health form. Travelers who fail to abide by the quarantine and form completion requirements are subject to civil penalties, including fines of up to $10,000. 

The order states that only thirty-one (31) nations in the world have COVID-19 transmission that the Center for Disease Control (CDC) classifies as presenting “low” (Level 1) or “very low” (no travel health notice) risk, with all other countries presenting “moderate” (Level 2) or “high” (Level 3) risk transmission levels. The CDC classifies countries into risk levels based on the number of daily new cases, new case trajectory (whether increasing, decreasing, or stagnant), and, for countries with more than 300,000 people, the incidence rate per 100,000 people. 

What countries are exempt from the quarantine requirement?

Under the executive order, the mandatory quarantine and form completion requirements apply to all but the following 31 countries:

  • American Samoa
  • Anguilla
  • Bonaire
  • Brunei
  • Cambodia
  • Cayman Islands
  • Dominica
  • Falkland Islands
  • Fiji
  • Greenland
  • Grenada
  • Guernsey
  • Isle of Man
  • Laos
  • Macau SAR
  • Marshall Islands
  • Mauritius
  • Micronesia
  • Montserrat
  • New Caledonia
  • New Zealand
  • Palau
  • Saba
  • Saint Barthelemy
  • Saint Kitts and Nevis
  • Saint Lucia
  • Saint Pierre and Miquelon
  • Sint Eustatius
  • Taiwan
  • Thailand
  • Timor-Leste

Are there any exceptions to the quarantine rules for international travelers?

Currently, the only exception to the requirements established by EO 205.1 is for travelers entering New York as essential workers. The essential workers exception provides different guidance for essential workers based on the length of time they will be in New York. 

Long term essential workers (classified as those traveling to New York for over 36 hours), must receive a COVID test within 24 hours of their arrival to ensure they are not positive. Additionally, they must avoid extended periods in pubic, contact with strangers, and large congregate settings as much as possible for at least 14 days. 

If you have questions about how the New York State quarantine guidelines for international travelers may affect your immigration plans, be sure to contact Berardi Immigration Law to speak with one of our knowledgeable attorneys!

Published 13 October 2020