U.S. Customs and Border Patrol to allow Certain Persons from Ukraine to Travel to the United States without a Pre-Departure Covid Test

On February 18, 2022, the Centers for Disease Control and Prevention (CDC) 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,” 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 23:59 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 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 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.