Certain nonimmigrant travelers from Ukraine exempt from COVID-19 vaccination requirements

The Department of Homeland Security (DHS) has announced that certain nonimmigrant travelers from Ukraine are exempt from the COVID-19 vaccination requirement to enter the U.S. until March 2.

Key Points:

• Non-U.S. citizen nonimmigrants can enter the U.S. without showing proof that they are fully vaccinated against COVID-19 until March 2 if they:
  • Are traveling with a U.S. citizen or lawful permanent resident.
  • Were physically present in Ukraine as of Feb. 10.
  • Have valid travel documents allowing them to travel to the U.S.
• Individuals who meet the aforementioned requirements must agree to:
  • Take a COVID-19 test within three to five days after entering the U.S.
  • Quarantine for seven days and self-isolate in the event of a COVID positive test or if they develop COVID-19 symptoms.
  • Become fully vaccinated against COVID-19 within 60 days after entering the U.S. if they are staying in the country for longer than 60 days.
• The CDC said that between now and March 2 it will waive the pre-departure COVID-19 testing requirement for some individuals physically present in Ukraine as of Feb. 10, including U.S. citizens, lawful permanent residents, and nonimmigrant foreign nationals traveling with a U.S. citizen or lawful permanent resident who meet the requirements above.

Additional Information: The U.S. has suspended consular services in Kiev and recommended that U.S. citizens leave Ukraine, citing threats of Russian military action.

BAL Analysis: DHS has exempted certain non-U.S. nonimmigrants from the COVID-19 vaccination requirement so that those traveling with U.S. citizens and permanent residents can safely leave Ukraine. Such nonimmigrants are reminded that they must meet the aforementioned requirements to enter the U.S. and must follow other applicable COVID-19 guidelines. General information on the U.S.’s COVID-19 entry policies is available here.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

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