DOS Updates Guidance for National Interest Exceptions for Certain Travelers from the Schengen Area, U.K., and Ireland

March 11th, 2021

On March 2, 2021, four categories of individuals and their dependents previously eligible for a National Interest Exception (NIE) under the COVID-19 health-related ban for the Schengen Area, United Kingdom, and Ireland. The categories rescinded are as follows:

1.    Technical experts and specialists

2.    Senior-level managers and executives

3.    Treaty traders and investors

4.    Professional athletes and dependents

The Department of State confirmed that previously issued visas or NIEs will not be revoked and these changes will only be effective on visa issuance moving forward. Those who are applying for visas, currently have visas, or ESTA authorization should follow the guidance included in State’s announcement.

The Secretary also created a new national interest determination covering certain travelers seeking to provide vital support for critical infrastructure.

1.    Chemical Sector

2.    Commercial Facilities Sector

3.    Communications Sector

4.    Critical Manufacturing Sector

5.    Dams Sector

6.    Defense Industrial Base Sector

7.    Emergency Services Sector

8.    Energy Sector

9.    Financial Services Sector

10.  Food and Agriculture Sector

11.  Government Facilities Sector

12.  Healthcare and Public Health Sectors

13.  Information Technology Sector

14.  Nuclear Reactors, Materials, and Waste Sector

15.  Transportation Sector

16.  Water and Wastewater Systems Sector

In addition, travelers in academic, student, and journalist categories remain eligible for an NIE as well. State also continues to offer NIEs for public health, national security, and humanitarian categories. Students with valid visas or those who will be applying for visas will continue to be automatically considered for an NIE.

Attorney Jing Feng is a decorated immigration lawyer who has been working in immigration for years. She has notable experience in this domain, and has successfully gained U.S. residency for thousands of her clients. For more consultation on NIE preparation, please contact Jing Feng Law Group, PLLC at jfeng@fengvisa.com or 646-288-7129. We look forward to hearing from you!