DHS Issues Temporary Exception to COVID Requirements for Nonimmigrants Traveling from Ukraine

Effective February 15, 2022 through 11:59 pm ET March 1, 2022, the Department of Homeland Security has authorized the grant of National Interest Exceptions (NIEs) to Presidential Proclamation 10294, barring U.S. entry by nonimmigrants who are not fully vaccinated, for nonimmigrants traveling from Ukraine to accompany U.S. citizens or lawful permanent residents.

The grant comes in light of the Department of State’s February 12, 2022 Level 4 Travel Advisory recommending that individuals in Ukraine depart immediately due to the escalating geopolitical tensions: “Given the rapidly deteriorating security situation in Ukraine, and the need to ensure that individuals traveling with U.S. citizens and lawful permanent residents can safely depart the country,” Secretary Mayorkas “determined that a temporary exception” for certain nonimmigrants is warranted by the national interest.

To qualify, the noncitizen nonimmigrant must:

• be traveling with a U.S. citizen or lawful permanent resident;

• have been physically present in Ukraine as of February 10, 2022; and

• possess valid travel documents allowing them to travel to the U.S.

Nonimmigrants granted entry under these provisions must:

• attest to having made arrangements to receive a COVID-19 test within three to five days of arrival in the U.S.;

• self-quarantine for seven days;

• self-isolate in the event of a positive COVID-19 test or the development of COVID-19 symptoms; and

• become fully vaccinated for COVID-19 within 60 days of arrival in the U.S., if intending to stay more than 60 days.