What is the National Interest Exception?

Due to the COVID-19 pandemic, there have been strict entry bans in place prohibiting entry into the U.S. These bans apply to non-citizens who want to enter the U.S. for any reason. 

But what if you have an important and urgent reason to enter the U.S? Is there any way around the COVID-19 travel ban?

If you are a Critical Infrastructure Sector worker, a student or academic, or a journalist, you can apply for the National Interest Exception. You must prove that your entry into the U.S. is of national interest. Each application will be considered on its individual merit. 

If your application is successful, you will be able to travel to the U.S. and the COVID-19 travel bans will not apply to you.

Let’s take a look at the National Interest Exception in more detail.

What Is the National Interest Exception?

Due to the COVID-19 pandemic, there have been strict entry bans in place prohibiting entry into the U.S. These bans apply to non-citizens who want to enter the U.S. for any reason. 

There are, however, some exceptions to the COVID-19 travel bans. These exceptions have been in place for months, but have been expanded in April 2021. 

One such exception is the National Interest Exception (NIE). The National Interest Exception allows travel to the U.S. for persons whose entry is of national interest. 

If you are a non-citizen you can apply for the National Interest Exception. You must prove that your entry into the U.S. is of national interest. If your application is successful, you will be able to travel to the U.S. and the COVID-19 travel bans will not apply to you. 

Exemption from U.S. Entry Ban Through NIE 

If you are actually affected by the COVID-19 travel restrictions, entry into the U.S. is possible in exceptional cases. You will need prior official permission from the U.S. consulate.

These National Interest Exceptions are exclusively based on national interests. You need to prove and justify that your entry into the U.S. is a matter of national interest. If your application is successful, you will be exempted from the U.S. entry bans and get a waiver.

The U.S. Department of State and the U.S. Department of Homeland Security will consider each application on a case-by-case basis.

NIE Criteria for China / Iran / Brazil / South Africa

The National Interest Exception Criteria have not changed. The broader NIE regulations previously applicable only to the Schengen Area, the United Kingdom and Ireland will now also apply to China, Iran, Brazil, and South Africa.

Travellers from China, Iran, Brazil, and South Africa are banned from entering the U.S. under the COVID-19 travel bans. In April 2021, travellers from these countries were added to the list of people who can apply for a National Interest Exception.

As of May 2021, travellers from:

• the 26 countries of the Schengen area,
• the United Kingdom of Great Britain and Northern Ireland,
• Ireland,
• Brazil (new),
• China (new),
• Iran (new),
• South Africa (new), or
• India (new as of May 4, 2021)

are eligible to apply for the National Interest Exception. 

Who Qualifies for a National Interest Exception?

Each National Interest Exception will be considered on its own merits. This case-to-case approach means that a well-justified application is a must. You need to be able to prove your trip to the U.S. is of national interest. 

Critical Infrastructure Sector Workers

If your entry into the U.S. serves the “vital support of critical infrastructure sectors as defined by the DOS or critical infrastructure linked supply chain”, you may qualify for a National Interest Exception.

The term “vital support” includes activities such as installation, maintenance, and essential training. If your activity is necessary to maintain supply and production chains or is essential to continued operations in a critical sector, you might be eligible for a National Interest Exception.

You need to provide evidence that your entry into the U.S. is systemically relevant. You need to prove you provide a significant contribution to one of the 16 critical infrastructure sectors or related supply chains. 

The 16 critical infrastructures are:

1. Chemical
2. Commercial Facilities
3. Communications
4. Critical Manufacturing
5. Dams
6. Defense Industrial Base
7. Emergency Services
8. Energy
9. Financial
10. Food and Agriculture
11. Government Facilities
12. Healthcare and Public Health
13. Information Technology
14. Nuclear Reactors, Materials & Waste
15. Transportation Systems
16. Water

Academics and Students

As before, there are travel ban exemptions for some academics and students. The new, more uniform Department of State guidelines lay out the criteria for getting an academic National Interest Exception.

These exceptions apply to certain academics on exchange programs (J-1 visas) and certain students (F-1/ M-1 or J-1 visas).

Journalists

If you are a journalist with an I visa and you can prove that your entry into the U.S. is of national interest, you might be eligible for a National Interest Exception

Where to Apply for an NIE?

You need to submit your application for the National Interest Exception to the U.S. consulate. This will be true whether you already have a valid visa, or whether you are starting a new application. There will be some variation in the process of applying for a National Interest Exception depending on your consulate. 

Your application needs to prove the urgency and importance of your trip to the U.S. You must be able to show that you have to physically be in the U.S. and that the task cannot be rescheduled or conducted remotely.

Therefore, you should prepare the following National Interest Exception documents:

• A letter of justification
• A copy of your passport
• Your proposed travel plans
• ESTA approval or a copy of your visa

Your consulate may require additional documents, depending on your application. 

How Long is an NIE Valid?

An approved National Interest Exception allows a single entry into the U.S. within 30 days from the date of approval.

If you are planning a new trip to the U.S., you will have to submit a new National Interest Exception. 

When will the NIE End?

The COVID-19 Travel Ban is directly related to the pandemic and its containment. It is intended to protect the American population. 

The COVID-19 travel ban is in effect for an indefinite time. As long as the travel ban is in place, it is expected that the National Interest Exception protocols will also be in place. When and to what extent the COVID-19 travel ban will be lifted cannot currently be predicted. 

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Conclusion

If you are a Critical Infrastructure Sector worker, a student or academic, or a journalist, you can apply for the National Interest Exception. You must prove that your entry into the U.S. is of national interest. Each case will be considered on its own merit. If your application is successful, you will be able to travel to the U.S. and the COVID-19 travel bans will not apply to you.

Frank Gogol

I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.

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