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Department of State Extends Validity of National Interest Exceptions for Persons Subject to COVID-19 Travel Restrictions

On June 29, 2021, the U.S. Department of State extended the period of validity for national interest exceptions (NIE) for travelers entering the United States from an area subject to ongoing COVID-related travel bans.

Presidential proclamations 998499921014310199, and subsequent proclamations have banned the entry of certain nonimmigrants who have been present in China, Iran, Brazil, South Africa, the Schengen Area, the United Kingdom, Ireland, and India for the 14-day period prior to their requested entry into the United States. These proclamations were issued to help stop the spread of COVID-19. The proclamations, however, allow the Department of State to grant NIEs to qualified travelers seeking to enter the United States for humanitarian travel, public health response efforts, or in support of national security.

NIEs were originally limited to a single entry into the United States and with a validity period of only 30 days from the date of issuance. This required individuals who needed to enter the United States on multiple occasions to apply for and receive approval for subsequent NIEs for each travel and entry to the United States. According to the Department of State, effective immediately and unless otherwise indicated, NIEs will be valid for one year from the date of approval, as well as for multiple entries to the United States, as long as the entries are used for the same purpose under which the NIE was originally approved. Individuals must continue to meet the requirements for approval of the exception.

The extension applies retroactively to all existing NIEs that the Department of State granted within the last 12 months and in conjunction with an application for a U.S. visa or travel under the Electronic System for Travel Authorization (ESTA). Therefore, an individual who has been approved for an NIE may travel to the United States using an existing NIE, as well as a valid visa or ESTA authorization, if the NIE was approved within the last 12 months and the purpose of the individual’s travel is the same purpose for which the NIE was originally granted.

At the moment, it does not appear this extension will be carried over to the validity period for NIEs granted by U.S. Customs and Border Protection (CBP) at ports of entry to the United States. Unless otherwise verified by the CBP, these NIEs may only remain valid for a single entry to the United States within 30 days of issuance.

© 2021, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.National Law Review, Volume XI, Number 189
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About this Author

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Lee Depret-Bixio joined Ogletree Deakins in 2003 and she practices exclusively in the area of business immigration law.  She assists U.S. and foreign companies in obtaining and maintaining employment-based nonimmigrant and immigrant visas for key employees and assists clients with state and federal employment verification (I-9) compliance and enforcement issues. Having lived and worked in France for several years, Ms. Depret-Bixio is fluent in French.

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Ms. Depret-Bixio represents employers of all sizes and...

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Taylor Lucas South Carolina Business Immigration Lawyer Ogletree Deakins Nash Smoak & Stewart PC
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Taylor Lucas joined the firm as an associate in October 2018, where she practices in the area of business immigration law.  She is a 2013 graduate of the University of South Carolina, where she earned a B.A. in Elementary Education, magna cum laude.  In 2016, Taylor graduated from the University of South Carolina School of Law with her Juris Doctorate.  During law school, Taylor served as the Assistant Research Editor for the Journal of Law and Education and was a member of her school’s Women in Law chapter.  Prior to joining the firm, Taylor worked as an Associate...

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