On July 6th, the Department of State announced it was expanding the validity period and number of uses of the national interest exceptions (NIEs) granted to individuals traveling from countries affected by the current COVID-19 travel restrictions. Previously the NIEs were valid for one trip within 30 days of being granted. The new announcement permits multiple entries within the 12 months after the NIE is granted. The expansion is effective immediately.
The change in policy affects NIEs issued to those present in the following countries within 14 days of trying to enter the United States: Brazil, China, India, Iran, South Africa, the Schengen Area, the United Kingdom, and Ireland.
This new policy expansion also applies to NIEs issued in the last 12 months, so long as the foreign national’s purpose of travel remains the same as when the NIE was initially issued. New NIEs can be used for 12 months from their approval date “for the same purpose” under which they were granted.
While applicants should check their consular website for specific guidelines, in general, to qualify for an NIE, applicants should be able to show they are traveling to the US to provide vital support or executive direction to critical infrastructure sectors; traveling to provide vital support or executive direction for significant economic activity in the United States; traveling due to extraordinary humanitarian circumstances; traveling in support of national security or public health; or to work as journalists.
As we previously noted on our blog, “each US Embassy/Consulate interprets what constitutes a national interest slightly differently so you must check the instructions on the US Embassy or Consulate website to determine if you fall under the criteria specified. If you are granted an NIE, you may travel directly to the US from the country of residence providing you have a visa and valid passport and meet all other requirements.”
The new policy is very welcomed and is expected to alleviate the workload at US Embassies/Consulates, but it does leave a few open questions including:
What happens to those who were issued NIEs at the airport? (US Customs and Border Protection has not addressed changes to their current NIE adjudication policy)
What happens to those whose NIE was initially approved but denied on the second request? Can they still use the first NIE?
What about those who were approved for Company A and now are traveling in the same role but for Company B? How broadly will “purpose of travel” be interpreted?
How will airlines be informed of the new expansion and how will they track expirations?
As this new policy is implemented, we hope to have answers to our pressing questions. Until then, we await further updates from the Department of State and US Customs and Border Protection.