Additional Guidance on Current International Travel Restrictions

Earlier this week, the State Department released additional guidance on the restrictions for travelers from Brazil, China, India, Iran, Ireland, the Schengen Area, South Africa, and the United Kingdom. Specifically, the State Department expanded the types of travelers who could qualify for a National Interest Exception (NIE) as follows:

  • Those traveling to provide vital support or executive direction for significant economic activity in the United States;

  • Those who are seeking to provide vital support or executive direction for critical infrastructure; 

  • Journalists;

  • Students and certain academics covered by exchange visitor programs;

  • Travel for humanitarian purposes, public health response, and national security;

  • Immigrants; and 

  • Fiancés

Although the State Department has not elaborated on what constitutes “vital support or executive direction for significant economic activity” in the United States, this additional basis for seeking an NIE broadens the range of travelers who could overcome the current restrictions. 

Travelers who believe they qualify for a NIE should contact their nearest U.S Embassy or Consulate before traveling so they can apply for and obtain an NIE.  The application process at US Consulates varies, so it’s important to obtain this information ahead of time.  If approved, the NIE is good for 30 days and for a single trip to the United States. 

Because most US Consulates around the world have not resumed routine visa services at this time, travelers who do not have a valid visa sticker in their passport and still need to pick up a visa sticker in order to enter the United States will have to request an emergency visa appointment with their NIE application. 

International students who have a valid F-1 or M-1 visa automatically qualify for the NIE, and can enter the US up to 30 days before their academic program starts.  International students with valid F-1 or M-1 visas traveling from Brazil, China, India, Iran and South Africa automatically qualify for an NIE only if their program start date is on or after August 1, 2021. 

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Travelers who do not qualify for the NIE can overcome the restriction by spending 14 days in a non-restricted country before seeking admission to the United States.  Travelers should be sure to check travel restrictions and quarantine requirements in these countries prior to making travel arrangements. 

What is considered critical infrastructure for the purposes of an NIE?

The U.S. government has identified 16 workforce sectors that are considered “critical” during the COVID-19 pandemic. They are:

  • Chemical Sector

  • Commercial Facilities Sector

  • Communications Sector

  • Critical Manufacturing Sector

  • Dams Sector

  • Defense Industrial Base Sector

  • Emergency Services Sector

  • Energy Sector

  • Financial Services Sector

  • Food and Agriculture Sector

  • Government Facilities Sector

  • Healthcare and Public Health Sector

  • Information Technology Sector

  • Nuclear Reactors, Materials, and Waste Sector

  • Transportation Systems Sector

  • Water and Wastewater Systems Sector

Travelers who can show their work is in the vital support or executive direction for such critical infrastructure in the United States should qualify for the NIE. 

Travelers Exempt from these Restrictions 

As a reminder, the following travelers from these countries are not subject to the travel restrictions and do not need to obtain a NIE:

  1. US citizens.

  2. Lawful permanent residents.

  3. Spouses and minor children of US citizens or lawful permanent residents.

  4. Parents, legal guardians, or siblings of a US citizen or lawful permanent resident.

  5. Children, foster children, or wards of US citizens or lawful permanent residents seeking entry to the US in IR-4 or IH-4 visa classifications.

  6. Foreign nationals traveling at the invitation of the US government for a purpose related to containment or mitigation of the virus.

  7. Foreign nationals traveling under a C-1, D, or C-1/D nonimmigrant visa.

  8. Any foreign national traveling as a diplomat under the A-1, A-2, C-2, C-3, E-1 (as an employee of TECRO or TECO), G-1, G-2, G-3, G-4, NATO-1 through NATO-4, or NATO-6 visa classification.

  9. Members of the Armed Forces and their spouses and children.

  10. Any alien furthering US law enforcement objectives or whose entry would be in the national interest.  

With summer approaching, many foreign nationals in the United States are eager to travel internationally, but these travel restrictions (unfortunately) are still in place and careful consideration should be given to the process for obtaining a visa appointment and NIE at the US Consulate in order to return.  


This alert is for informational purposes only. Please contact me if you would like to discuss this development further.

Nadia Yakoob