The Department of State (DOS) has issued updated guidance regarding National Interest Exceptions for certain travelers in connection with Presidential Proclamations 9984, 9992 and 10143, which suspend entry of foreign nationals who have been physically present in more than 30 countries experiencing high levels of COVID-19 within 14 days preceding entry into the United States.
Previously, a National Interest Exception would be considered for “certain technical experts and specialists, senior-level managers and executives, treaty-traders and investors, professional athletes, and their dependents,” which effectively covered most individuals traveling to the U.S. on a valid nonimmigrant work visa. If the traveler qualified and obtained a National Interest Exception, they were permitted entry after being physically present in China, the 26 nations in Europe’s “Schengen Area,” the United Kingdom, Ireland, Brazil, Iran and South Africa.
However, the DOS has rescinded that criteria, effectively eliminating the connection to specific job titles and responsibilities. Instead, the agency will now consider National Interest Exceptions for those who are entering the U.S. to support a critical infrastructure sector.
Going forward, any foreign national on a nonimmigrant visa seeking to return to the U.S. from one of the impacted countries – and who is not otherwise exempt – must apply for a waiver from a U.S. consulate, based on their support of a critical infrastructure sector as designated by the Department of Homeland Security Cybersecurity and Infrastructure Security Agency.
In early May, the U.S. also restricted travel from India because of the COVID-19 pandemic. The same set of criteria will be applied for NIEs in relation to that ban, according to the Secretary of State.
Garfinkel Immigration Law Firm continues to recommend that individuals avoid travel, if possible. An individual who travels to a restricted country and fails to obtain a National Interest Exception, unless otherwise exempt, will be required to quarantine for 14 days in a non-restricted country before entering the U.S.
Individuals who may qualify for a National Interest Exception should consider consulting with experienced immigration counsel.
Note: This story was updated on May 3, 2021