DOS Expands Validity of National Interest Exceptions

The State Department (DOS) announced yesterday that it will extend the validity of National Interest Exceptions (NIE) for travelers from Brazil, China, India, Iran, Ireland, the Schengen area, South Africa, and the United Kingdom from 30 days to 12 months and authorize the NIEs for multiple entries instead of a single entry. This new guidance applies retroactively, meaning that anyone who has received an NIE in the past year will have it automatically extended for one year from the date of approval and authorized for multiple entries, so long as the NIE is used for the purpose under which it was granted.

The following travelers could qualify for a National Interest Exception (NIE):

  • 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

The application for an NIE is made at the US Consulate nearest to where you reside. If you have not previously been approved for an NIE and believe that you qualify for one, you should contact your nearest US Embassy or Consulate. The application process at US Consulates varies, so it’s important to obtain this information ahead of time. Visa applicants will be considered for an NIE as a part of the application process.

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.

While extending the validity period of NIEs and allowing their use for multiple entries is helpful to those who qualify, it also strongly suggests that these travel restrictions are not going to be lifted in time for summer travel to see family and friends in restricted countries.

Travelers who do not qualify for the NIE still have the option of overcoming 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.

We know that these travel restrictions have been difficult and challenging for foreign nationals in the US with family and ties to countries from which travel is restricted. If you would like to discuss options for international travel, please do not hesitate to contact us.

In the meantime, we will continue to monitor the situation and provide updates as soon as we have more information.

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

Nadia Yakoob