Department of State Extends Validity of National Interest Exceptions

Category: Client Alerts
Date: July 07, 2021
Title: Department of State Extends Validity of National Interest Exceptions

In news welcome to both travelers and U.S. consular officers alike, the Department of State (DOS) announced yesterday that it would extend the validity of National Interest Exceptions (NIEs). By way of background, as detailed in several of our earlier client alerts, people who were in the United Kingdom, Ireland, the Schengen territories, India, China, Brazil, South Africa and Iran during the 14 days prior to seeking to travel to the United States are barred from entry unless they were granted an NIE or qualified for an exemption. U.S. embassies and consulates were tasked with determining whether applicants’ proposed trips to the U.S. met the standard of being in the national interest. DOS guidance allows consulates to issue NIEs to those traveling to provide vital support or executive direction to critical infrastructure; those traveling to provide vital support or executive direction for significant economic activity in the United States; journalists; travel due to extraordinary humanitarian circumstances; or travel in support of national security or public health.

Before yesterday’s policy change, U.S. consulates issued NIEs that were valid for only a single entry within 30 days of issuance. Now, U.S. consular posts will issue NIEs that will be valid for 12 months and multiple entries, which will reduce their caseload dramatically. Additionally, DOS announced that the validity of previously issued NIEs will also be extended to 12 months from issuance and may be used for multiple trips. Importantly, the NIE (whether newly or previously issued) may be used only for the purpose for which it was originally granted. Consequently, travelers using NIEs should bring evidence of the consulate’s approval, as well as their NIE request made to the consulate (which details the purpose of their original trip).

If you have questions, please do not hesitate to contact any of the lawyers in Kramer Levin’s Business Immigration Group.