We have been receiving multiple inquiries from our cross-border clients regarding who is required to quarantine under the new executive order published September 28th, and who may be exempt. The following Q&A addresses some of the most frequently asked questions and concerns.

 

 

The answer depends on what you do in the U.S., and whether you are considered an essential worker.

 

However, if you are deemed an essential worker/working for an essential business, you may not be required to quarantine or only be required to limit activities depending on the intended duration of your time in New York. Please see the NYS Guidance on Executive Order 202.6 to determine whether you may fit into one of the categories that exempts you from the NYS quarantine requirements. Additionally, the NYS Commissioner of Health may grant an exemption to the travel advisory based upon extraordinary circumstances that do not warrant quarantine, but may be subject to the terms and conditions applied to essential workers or terms and conditions otherwise imposed by the Commissioner in the interest of public health. 

 

A travel enforcement operation will commence at airports across the state to help ensure travelers are following the state's quarantine restrictions. As part of the enforcement operation, enforcement teams will be stationed at airports statewide to meet arriving aircrafts at gates and greet disembarking passengers to request proof of completion of the State Department of Health traveler form, which is being distributed to passengers by airlines prior to, and upon boarding or disembarking flights to New York State. 

 

All out-of-state travelers from designated states must complete the form upon entering New York. Travelers who leave the airport without completing the form are potentially subject to a $2,000 fine and may be brought to a hearing and ordered to complete mandatory quarantine. 

 

Travelers coming to New York from designated states through other means of transport, including trains and cars, must fill out the form online. The consequences for not doing so are unclear, and the only tracing of who has traveled by train or car to or from the state appears to be via voluntary answers to contact tracing-related inquiries.  While there has been some concern that NYS could track entries to the state from Canada using electronic tools such as EZPass/toll cameras, there has not been any evidence to date of this occurring, and the state has widely denied that it is or will be doing this. Despite this, the state has signaled its intention to impose civil penalties if individuals refuse to fill out the required form, where individuals are identified.

 

According to the NYS Department of Health interim guidance published June 24, 2020, an “essential worker” is:

 

 

Clear examples of “Essential Businesses” are businesses operating in or as:

 

 

Please see the guidance for specifics regarding what types of businesses fall within the “essential business” designation in each of the above categories.

 

If the function of your business falls under one of the categories of exemptions listed on the Empire State Development website, it appears that you do NOT need to request any special designation or approval to operate. However, Lippes Mathias recommends that best practice is to request confirmation of exemption, where you feel that you qualify and/or there is any question regarding qualification. Exemption requests should be sent to TravelAdvisoryExemption@health.ny.gov. 

 

 

Not currently; restrictions, limitations and requirements for reporting travel are dictated on a state-by-state basis, and are subject to change at any time. If you intend to travel to any U.S. state or multiple states, we recommend checking immediately before your trip and throughout your trip to see what the restrictions and exemptions are in the specific state(s) you plan to visit.

 

No. Canada and different states across the U.S. have varying (and changing) requirements for self-isolation/quarantine, restrictions on travel and/or requirements relating to reporting travel. Those seeing an exemption from quarantine/self-isolation requirements upon their return to Canada from the U.S. should contact a qualified Canadian immigration lawyer who is assisting clients with these types of requests. If you would like a recommendation, please contact any member of the Lippes Mathias Immigration Team.

 

Please contact your Lippes Mathias immigration professional with additional questions.