[Federal Register Volume 87, Number 81 (Wednesday, April 27, 2022)]
[Notices]
[Pages 25040-25043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09087]


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DEPARTMENT OF HOMELAND SECURITY


Implementation of the Uniting for Ukraine Parole Process

AGENCY: Department of Homeland Security.

ACTION: Notice.

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SUMMARY: This notice announces the implementation of a U.S. Department 
of Homeland Security (DHS) parole process called Uniting for Ukraine. 
Pursuant to this process, DHS will offer certain Ukrainian citizens and 
their immediate family members who were recently displaced by Russia's 
war of aggression in Ukraine, pass biometric and biographic vetting, 
have sufficient financial support in the United States, and meet other 
eligibility requirements, an opportunity to apply for and receive 
advance authorization to travel to the United States for the purpose of 
seeking a discretionary grant of parole for urgent humanitarian reasons 
or significant public benefit for up to two years. The process is 
intended to be a safe, legal, and orderly pathway to support vulnerable 
Ukrainian citizens and their immediate family members in Europe who 
have been displaced from their country as a result of Russia's 
unprovoked invasion.

DATES: DHS will make the Uniting for Ukraine parole process available 
on April 25, 2022.

FOR FURTHER INFORMATION CONTACT: Daniel Delgado, Office of Strategy, 
Policy, and Plans, Department of Homeland Security, 2707 Martin Luther 
King, Jr. Avenue SE, Washington, DC 20528-0445

SUPPLEMENTARY INFORMATION: 

I. Background

    On February 24, 2022, Russia's military launched an unprovoked 
full-scale invasion of the sovereign nation of Ukraine, marking the 
largest conventional military action in Europe since World War II \1\ 
and causing the fastest growing refugee crisis in modern history. As of 
April 10, 2022, nearly 12 million people have fled Russia's invasion, 
including seven million displaced inside Ukraine.\2\ Russia's forces 
have continued to engage in significant, sustained bombardment of major 
cities, indiscriminately targeting civilian populations and causing 
widespread terror.\3\ While most of those fleeing the violence remain 
in Europe,\4\ the United States has committed to welcoming up to 
100,000 displaced Ukrainians and others fleeing Russian aggression.\5\ 
Among other legal pathways, the United States will consider, on a case-
by-case basis, granting Ukrainians advance authorization to travel to 
the United States for the purpose of seeking a discretionary grant of 
parole for urgent humanitarian reasons or significant public 
benefit.\6\
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    \1\ ``Russia invades Ukraine on multiple fronts in `brutal act 
of war','' PBS, Feb. 24, 2022, available at: https://www.pbs.org/newshour/world/russia-invades-ukraine-on-multiple-fronts-in-brutal-act-of-war (last visited Apr. 20, 2022); Natalia Zinets and 
Aleksandar Vasovic, ``Missiles rain down around Ukraine,'' Reuters, 
Feb. 24, 2022, available at: https://www.reuters.com/world/europe/putin-orders-military-operations-ukraine-demands-kyiv-forces-surrender-2022-02-24/ (last visited Apr. 20, 2022).
    \2\ ``Russia's invasion of Ukraine in maps--latest updates,'' 
Financial Times, Apr. 20, 2022, available at: https://www.ft.com/content/4351d5b0-0888-4b47-9368-6bc4dfbccbf5 (last visited Apr. 20, 
2022).
    \3\ Ukraine: Humanitarian Impact Situation Report No. 1, United 
Nations Office for the Coordination of Humanitarian Affairs, Feb. 
26, 2022, available at: https://reliefweb.int/report/ukraine/ukraine-humanitarian-impact-situation-report-no-1-500-pm-26-february-2022 (last visited Apr. 20, 2022).
    \4\ Map: Where Ukraine refugees are heading, ABC News, Mar. 30, 
2022, available at https://abcnews.go.com/International/map-ukrainian-refugees-heading/story?id=83178031.
    \5\ FACT SHEET: The Biden Administration Announces New 
Humanitarian, Development, and Democracy Assistance to Ukraine and 
the Surrounding Region, White House Briefing Room, Mar. 24, 2022, 
available at https://www.whitehouse.gov/briefing-room/statements-releases/2022/03/24/fact-sheet-the-biden-administration-announces-new-humanitarian-development-and-democracy-assistance-to-ukraine-and-the-surrounding-region/ (last visited Apr. 20, 2022).
    \6\ See INA section 212(d)(5), 8 U.S.C. 1182(d)(5); 8 CFR 
212.5(f).
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    The Immigration and Nationality Act (INA) provides the Secretary of 
Homeland Security with discretionary authority to parole noncitizens 
into the United States temporarily, under such reasonable conditions 
that the Secretary may prescribe, on a case-by-case basis, for ``urgent 
humanitarian reasons or significant public benefit.'' INA sec. 
212(d)(5)(A), 8 U.S.C. 1182(d)(5)(A); see also 6 U.S.C. 202(4) 
(charging the Secretary with the responsibility for ``[e]stablishing 
and administering rules . . . governing . . . parole''). Parole is not 
an admission of the individual to the United States, and a parolee 
remains an ``applicant for admission'' during the period of parole in 
the United States. INA sec. 212(d)(5)(A), 8 U.S.C. 1182(d)(5)(A). DHS 
may set the duration of the parole based on the purpose for granting 
the parole request, and may impose reasonable conditions on parole. INA 
sec. 212(d)(5)(A), 8 U.S.C. 1182(d)(5)(A). DHS may terminate parole in 
its discretion at any time. See 8 CFR 212.5(e). Individuals who are 
paroled into the United States generally may apply for employment 
authorization. See 8 CFR 274a.12(c)(11).

[[Page 25041]]

    Uniting for Ukraine establishes a process by which eligible 
Ukrainian citizens and their immediate family members, if supported by 
an individual or entity in the United States, can apply for advance 
authorization to travel to the United States for the purpose of seeking 
a discretionary grant of parole. If advance authorization is granted, 
the recipient will be permitted to board a flight to the United States 
for the purpose of requesting parole. This notice outlines the process 
by which U.S.-based persons can apply to financially support eligible 
Ukrainian citizens and their immediate family members, the process by 
which those Ukrainians may request advance authorization to travel to 
the United States, and the relevant screening and vetting that is 
required prior to issuance of such travel authorization and any grant 
of parole.
    The decision to parole a noncitizen into the United States is made 
at the port of entry, on a case-by-case basis, pursuant to section 
212(d)(5)(A) of the INA, 8 U.S.C. 1182(d)(5)(A); as a result, approval 
of travel authorization to apply for parole at a U.S. port of entry, 
see 8 CFR 212.5(f), does not guarantee that the individual will be 
paroled. If parole is granted pursuant to this process, it will 
generally be for a term of up to two years.

II. Ongoing Armed Conflict, Human Rights Abuses, and Humanitarian 
Situation in Ukraine

    Russia's full-scale military invasion of Ukraine, beginning on 
February 24, 2022, has indiscriminately targeted civilian populations, 
placing civilians throughout the country at significant risk of 
physical harm.\7\ As of mid-April 2022, Russian forces continue 
sustained shelling campaigns of cities and towns across Ukraine that 
have harmed, killed, and injured civilians and struck hospitals, 
schools, and apartment buildings.\8\ Artillery attacks and air strikes 
by Russia's military forces have become regular occurrences in cities 
across Ukraine since the start of the February 2022 invasion.\9\ Aerial 
bombardments in and around major cities have been reported as Russia's 
forces continue to target critical infrastructure.\10\ In an April 13, 
2022 update, the United Nations (UN) Office of the High Commissioner 
for Human Rights (OHCHR) reported 4,521 civilian casualties during the 
ongoing Russian invasion of Ukraine, with more casualties expected as 
the fighting continues.\11\ OHCHR also notes that these estimates 
likely significantly undercount civilian fatalities.\12\
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    \7\ Press briefing notes on Ukraine, UN OHCHR, Mar. 8, 2022, 
available at: https://www.ohchr.org/en/press-briefing-notes/2022/03/press-briefing-notes-ukraine (last visited Apr. 20, 2022).
    \8\ War Crimes by Russia's Forces in Ukraine, Press Statement, 
U.S. Secretary of State Antony J. Blinken, Mar. 23, 2022, available 
at: https://www.state.gov/war-crimes-by-russias-forces-in-ukraine/ 
(last visited Apr. 20, 2022).
    \9\ ``Fear, darkness and newborn babies: inside Ukraine's 
underground shelters,'' The Guardian, Feb. 26, 2022, available at: 
https://www.theguardian.com/world/2022/feb/26/fear-darkness-and-newborn-babies-inside-ukraine-underground-shelters (last visited 
Apr. 20, 2022).
    \10\ ``Russia's invasion of Ukraine in maps--latest updates,'' 
Financial Times, Apr. 20, 2022, available at: https://www.ft.com/content/4351d5b0-0888-4b47-9368-6bc4dfbccbf5 (last visited Apr. 20, 
2022).
    \11\ UN OHCHR, ``Ukraine: civilian casualty update 13 April 
2022,'' Apr. 13, 2022, available at: https://www.ohchr.org/en/news/2022/04/ukraine-civilian-casualty-update-13-april-2022 (last visited 
Apr. 20, 2022).
    \12\ See supra note 7.
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    Russia's unprovoked war against Ukraine continues to ``generate 
further population displacement, damage civilian infrastructure, and 
exacerbate humanitarian needs across the country.'' \13\ Since February 
24, significant infrastructural damage in Ukraine from Russia's air 
strikes has ``left hundreds of thousands of people without electricity 
or water, while bridges and roads damaged by shelling have left 
communities cut off from markets for food and other basic supplies.'' 
\14\ In February 2022, the U.N. Office for the Coordination of 
Humanitarian Affairs (UNOCHA) estimated that millions of Ukrainian 
nationals were in need of water, sanitation and hygiene assistance.\15\ 
Those without access to alternative water sources have been most 
heavily impacted.\16\
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    \13\ Ukraine--Complex Emergency, U.S. Agency for International 
Development, Mar. 25, 2022, available at: https://www.usaid.gov/sites/default/files/documents/2022-03-25_USG_Ukraine_Complex_Emergency_Fact_Sheet_8.pdf (last visited Apr. 
20, 2022).
    \14\ Ukraine: Humanitarian Impact, Situation Report No. 01, 
UNOCHA Ukraine, Feb. 26, 2022, available at: https://reliefweb.int/report/ukraine/ukraine-humanitarian-impact-situation-report-no-1-500-pm-26-february-2022 (last visited Apr. 20, 2022).
    \15\ 2022 Humanitarian Needs Overview--Ukraine, UNOCHA, p. 73, 
Feb. 11, 2022, available at: https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/documents/files/ukraine_2022_hno_eng_2022-02-11.pdf (last visited Apr. 20, 2022).
    \16\ 2022 Humanitarian Needs Overview--Ukraine, UNOCHA, p. 39, 
Feb. 11, 2022, available at: https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/documents/files/ukraine_2022_hno_eng_2022-02-11.pdf (last visited Apr. 20, 2022).
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    Food security remains an ongoing is concern in Ukraine, with more 
than one million Ukrainian nationals in need of food assistance--
including a significant number that are severely or moderately food 
insecure.\17\ The impact on women has been particularly pronounced: 
``available data show that female-headed households are an estimated 
1.3 times more often experiencing food insecurity, compared to the 
overall population.'' \18\ According to the United Nations, women and 
girls also face ``higher risks of human rights violations and sexual 
exploitation and abuse, including transactional sex, survival sex and 
conflict-related sexual violence.'' \19\
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    \17\ 2022 Humanitarian Needs Overview--Ukraine, UNOCHA, p. 79, 
Feb. 11, 2022, available at: https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/documents/files/ukraine_2022_hno_eng_2022-02-11.pdf (last visited Apr. 20, 2022).
    \18\ 2022 Humanitarian Needs Overview--Ukraine, UNOCHA, p. 51, 
Feb. 11, 2022, available at: https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/documents/files/ukraine_2022_hno_eng_2022-02-11.pdf (last visited Apr. 20, 2022).
    \19\ Rapid Gender Analysis of Ukraine: Secondary data review, 
UNHCR, Mar. 29, 2022, https://data2.unhcr.org/en/documents/details/91723 (last visited Apr. 20, 2022).
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    Critical medicines, health supplies and equipment, and shelter and 
protection for those displaced from their home are also in short 
supply.\20\ According to the United Nations, more than a million 
Ukrainian nationals were in need of health care assistance, even prior 
to the initiation of conflict; the conflict has significantly 
exacerbated these challenges.\21\ Hospitals have struggled with the 
volume of COVID cases and Ukraine has one of the lowest vaccination 
rates in Europe.
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    \20\ Ukraine: Humanitarian Impact, Situation Report No. 01, 
UNOCHA Ukraine, Feb. 26, 2022, available at: https://reliefweb.int/report/ukraine/ukraine-humanitarian-impact-situation-report-no-1-500-pm-26-february-2022 (last visited Apr. 20, 2022).
    \21\ 2022 Humanitarian Needs Overview--Ukraine, UNOCHA, p. 87, 
Feb. 11, 2022, available at: https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/documents/files/ukraine_2022_hno_eng_2022-02-11.pdf (last visited Apr. 20, 2022); 
Impact of Health Reform on the Primary Healthcare Level in Conflict-
Affected Areas of Donetsk and Luhansk Oblasts, M[eacute]dicos del 
Mundo, June 2021, available at: https://reliefweb.int/report/ukraine/impact-healthcare-reform-primary-healthcare-level-conflict-affected-areas-donetsk-and (last visited Apr. 20, 2022).
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    These factors, coupled with the ongoing violence, have led to large 
scale displacements of Ukrainians. Since Russia invaded Ukraine, over 
five million people have, as of April 19, 2022, fled Ukraine for 
Poland, Hungary, Slovakia, Romania, and Moldova.\22\ Another seven 
million have been internally displaced inside Ukraine.\23\
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    \22\ Operational Data Portal, UNHCR, Apr. 19, 2022, available 
at: https://data2.unhcr.org/en/situations/ukraine (last visited Apr. 
20, 2022).
    \23\ One in Six People Internally Displaced in Ukraine, 
International Organization on Migration, Apr. 21, 2022, available 
at: https://reliefweb.int/report/ukraine/ukraine-humanitarian-impact-situation-report-no-1-500-pm-26-february-2022 (last visited 
Apr. 24, 2022).

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[[Page 25042]]

III. Uniting for Ukraine

    Pursuant to the process established by Uniting for Ukraine, U.S.-
based individuals who agree to provide financial support to Ukrainian 
citizens and their immediate family members (supporters) will be able 
to initiate a process that will ultimately allow those Ukrainian 
citizens and their immediate family members (Ukrainian beneficiaries) 
to seek advance authorization to travel to the United States for the 
purpose of seeking parole into the United States at a U.S. port of 
entry. See INA section 212(d)(5)(A), 8 U.S.C. 1182(d)(5)(A) (permitting 
parole of a noncitizen into the United States for urgent humanitarian 
reasons or significant public benefit); 8 CFR 212.5(f). The 
determination as to whether to parole a particular noncitizen who 
presents such authorization remains a case-by-case, discretionary 
determination made upon arrival at the port of entry.

IV. Participation in Uniting for Ukraine and Filing Process

1. Eligibility

    Certain Ukrainian citizens, and certain non-Ukrainian immediate 
family members,\24\ who were physically present in Ukraine as of 
February 11, 2022 and have a U.S.-based supporter are eligible for this 
process. The process is triggered when a prospective supporter files a 
Form I-134, Declaration of Financial Support, with U.S. Citizenship and 
Immigration Services (USCIS) through an online portal. USCIS will 
review that form in order to verify and vet the information submitted. 
Once USCIS determines that the Form I-134 includes sufficient evidence 
of financial support, the relevant Ukrainian beneficiary will be 
notified and will be prompted to submit any additional required 
information. To be eligible, the Ukrainian beneficiary must possess a 
valid Ukrainian passport, or if a child without their own passport, be 
included in a parent's passport. At this time, only children traveling 
with a parent or a legal guardian will be eligible for Uniting for 
Ukraine. Individuals who are not eligible for Uniting for Ukraine may 
make an appointment at the nearest U.S. Embassy or consulate for 
additional information about available options.
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    \24\ Ukrainians' immediate family members who are not Ukrainian 
citizens may also be considered for parole under Uniting for 
Ukraine. Immediate family members, for the purposes of Uniting for 
Ukraine, include: The spouse or common-law partner of a Ukrainian 
citizen; and their unmarried children under the age of 21. Non-
Ukrainian immediate family members authorized to travel under this 
process must accompany the principal Ukrainian when completing 
travel to the United States. Unaccompanied minors and family groups 
that include minors traveling with adults that are not the child's 
parent or legal guardian are not currently eligible for this 
process.
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    The Ukrainian beneficiary also must clear biographic and biometric 
background checks, and will need to meet public health requirements, 
including, as appropriate, proof of required vaccinations, as 
determined by DHS's Chief Medical Officer, in consultation with the 
Centers for Disease Control and Prevention (CDC). Pursuant to these 
requirements, Ukrainian beneficiaries must demonstrate proof of first 
doses of measles, polio, and COVID-19 vaccines and must complete a 
screening for tuberculosis for all individuals two years of age or 
older. These requirements may be adjusted in accordance with evolving 
public health needs; the most up-to-date requirements will be available 
at www.dhs.gov/ukraine.

2. Processing Steps

    Filing and confirmation of financial support: The process is 
initiated when a supporter--either an individual or an individual 
acting on behalf of an organizations--files a Form I-134, Declaration 
of Financial Support, online using the myUSCIS platform. This 
declaration must include biographic and financial information on the 
supporter, and biographic identifying information on the Ukrainian 
beneficiary.
    The individual who submits and signs the Form I-134 must be a U.S.-
based person in lawful status, a parolee, or a beneficiary of deferred 
action or Deferred Enforced Departure. The individual can, however, 
represent an organization. If the individual is acting on behalf of an 
organization, and if that organization is providing the financial or 
other services to support the Ukrainian beneficiary, this information 
should be provided as part of the evidence submitted with the Form I-
134.
    USCIS will conduct background checks on the supporter to protect 
against exploitation and abuse and to determine the supporters' 
financial suitability to support beneficiaries. If the supporter is 
approved, USCIS will notify the Ukrainian beneficiary electronically 
with an invitation to create a myUSCIS account.
    Ukrainian beneficiary account registration: Following USCIS's 
approval of the named supporter, the Ukrainian beneficiary will receive 
an electronic communication from USCIS with instructions on how to set 
up an account with myUSCIS and other next steps. The Ukrainian 
beneficiary will be required to confirm their biographic information on 
myUSCIS and attest to completion of all other requirements, including 
the required vaccinations and screening listed above.
    Vetting and Clearance: Biographic information provided by the 
prospective Ukrainian beneficiary will be vetted against national 
security and law enforcement databases. The my USCIS system will 
transmit biographic information for Ukrainian beneficiaries directly to 
U.S. Customs and Border Protection (CBP) and into CBP's Automated 
Targeting System (ATS) for vetting. Only Ukrainian beneficiaries who 
complete all the requirements, including vaccinations, and clear the 
vetting of their biographic information will receive the necessary 
advanced authorization to travel to the United States to seek parole
    Once vetting is complete and advance authorization to travel has 
been approved, Ukrainian beneficiaries will receive a notification in 
myUSCIS in an automated manner. Cleared individuals will be authorized 
to travel via commercial routes to the United States for a period of 90 
days. Carriers utilizing CBP's Document Validation program will be able 
to access this authorization to facilitate generation of a boarding 
pass. Carriers who are not participants in the Document Validation 
program will utilize manual verification mechanisms to generate a 
boarding pass.
    Travel and public health related requirements: Ukrainian 
beneficiaries who receive advance authorization to travel to the United 
States will be responsible for arranging and funding their travel to 
the United States. In addition, Ukrainian beneficiaries must follow all 
applicable requirements, as determined by DHS's Chief Medical Officer, 
in consultation with CDC, with respect to health and travel,\25\ 
including

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vaccination and/or testing requirements for diseases like COVID-19, 
polio, measles, and tuberculosis.
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    \25\ Changes to requirements for travel by air were implemented 
by, inter alia, Presidential Proclamation 10294 of October 25, 2021, 
86 FR 59603 (Oct. 28, 2021) (``Presidential Proclamation''), and a 
related CDC orders, 86 FR 61224 (Nov. 5, 2021) and 87 FR 20405 (Apr. 
7, 2022). See also CDC, Requirement for Proof of Negative COVID-19 
Test or Recovery from COVID-19 for All Air Passengers Arriving in 
the United States, https://www.cdc.gov/quarantine/pdf/Global-Testing-Order-10-25-21-p.pdf (Oct. 25, 2021); Requirement for 
Airlines and Operators to Collect Contact Information for All 
Passengers Arriving into the United States, https://www.cdc.gov/quarantine/pdf/CDC-Global-Contact-Tracing-Order-10-25-2021-p.pdf 
(Oct. 25, 2021). CDC later amended its testing order following 
developments related to the Omicron variant. See CDC, Requirement 
for Proof of Negative COVID-19 Test Result or Recovery from COVID-19 
for All Airline Passengers Arriving into the United States, https://www.cdc.gov/quarantine/pdf/Amended-Global-Testing-Order_12-02-2021-p.pdf (Dec. 2, 2021).
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    Parole determination at a U.S. port of entry: Upon arrival at a 
port of entry, Ukrainian beneficiaries will be inspected by a CBP 
officer who will make a case-by-case processing determination, to 
include consideration of parole. Individuals granted parole pursuant to 
this process will generally be paroled for a period of up two years. 
Individuals granted parole under this process will be eligible to apply 
for employment authorization with USCIS.

V. Paperwork Reduction Act

    Under the Paperwork Reduction Act (PRA), 44 U.S.C. chapter 35, all 
Departments are required to submit to the Office of Management and 
Budget (OMB) for review and approval, any new reporting requirements 
they impose. OMB has approved USCIS Form I-134, Declaration of 
Financial Support, and assigned the revision to OMB control number 
1615-0014.
    USCIS is making some changes to this form in connection with the 
implementation of the Uniting for Ukraine process and has submitted a 
request to OMB for emergency approval of the required changes under 5 
CFR 1320.13. Following OMB approval of the emergency request, USCIS 
will publish a notice under the PRA and will make some revisions to the 
currently approved burden for OMB control number 1615-0014.

VI. Implementation

    This process will be implemented beginning on April 25, 2022.

Alejandro N. Mayorkas,
Secretary of Homeland Security.
[FR Doc. 2022-09087 Filed 4-25-22; 4:15 pm]
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