USG to Allow Certain Persons From Ukraine to Travel to US Without Pre-Departure COVID-19 Tests

On February 14, the United States announced the temporary relocation of US Embassy operations from Kyiv to Lviv. (U.S. Shuts Down Embassy Kyiv, “Temporarily Relocating” Operations to Lviv). 
According to a CDC announcement, on February 15, 2022, the Secretary of Homeland Security determined that it is in the national interest to permit the entry of noncitizen nonimmigrants who (1) are traveling with a U.S. citizen or lawful permanent resident; (2) were physically present in Ukraine as of February 10, 2022; and (3) possess valid travel documents allowing them to travel to the United States. Covered persons will not be required to provide proof of negative COVID-19 test result prior to boarding their flights to the United States. All travelers are still required to “properly wear well-fitting masks during the flight.

The Centers for Disease Control and Prevention (CDC) has announced that, based on a request from the U.S. Department of State and consistent with the determination made by the Secretary of Homeland Security, it will exercise its enforcement discretion regarding certain aspects of its “Amended Order: Requirement for Proof of Negative COVID-19 Test Result or Recovery from COVID-19 for All Airline Passengers Arriving into the United States,” and its Amended Order Implementing Presidential Proclamation on Advancing the Safe Resumption of Global Travel During the COVID-19 Pandemic pdf icon[PDF – 52 pages],” effective immediately. This exercise of enforcement discretion is limited to the following groups of individuals, to the extent they were physically present in Ukraine as of February 10, 2022: U.S. citizens; lawful permanent residents; noncitizens in possession of a valid U.S. immigrant visa; as well as noncitizen nonimmigrants who are traveling with a U.S. citizen or lawful permanent resident and possess valid travel documents allowing them to travel to the United States (collectively, “covered persons”). This exercise of enforcement discretion will enter into effect immediately and expire on March 1, 2022, at 2359 ET, subject to any further extensions.

Pursuant to this exercise of enforcement discretion, covered persons will not be required to provide proof of a negative COVID-19 test result prior to boarding a flight to the United States or to complete the attestation at Section 1 of the Combined Passenger Disclosure and Attestation to the United States of America pdf icon[PDF – 7 pages] form.

CDC requests that all air carriers cooperate in this exercise of enforcement discretion. Noncitizen nonimmigrants must continue to complete Section 2 of the Combined Passenger Disclosure and Attestation to the United States of America pdf icon[PDF – 7 pages] form attesting to either being fully vaccinated and providing proof of being fully vaccinated against COVID-19 or, if traveling pursuant to an exception, including a national interest exception, that they have made arrangements to receive a COVID-19 test within three to five days of arrival in the United States, to self-quarantine for seven days, to self-isolate in the event of a positive COVID-19 test or the development of COVID-19 symptoms, and to become fully vaccinated for COVID-19 within 60 days of arrival in the United States if intending to stay in the United States for more than 60 days.

All travelers are also required to properly wear a well-fitting mask to keep the nose and mouth covered during the flight, including on public transportation and in airports and other transportation hubs. Travelers may further be subject to additional public health measures as may be required by State and local health authorities at their arrival location in the United States.

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