ARTICLE
9 July 2021

Department Of State Extends Validity Of National Interest Exceptions

KL
Herbert Smith Freehills Kramer LLP

Contributor

Herbert Smith Freehills Kramer is a world-leading global law firm, where our ambition is to help you achieve your goals. Exceptional client service and the pursuit of excellence are at our core. We invest in and care about our client relationships, which is why so many are longstanding. We enjoy breaking new ground, as we have for over 170 years. As a fully integrated transatlantic and transpacific firm, we are where you need us to be. Our footprint is extensive and committed across the world’s largest markets, key financial centres and major growth hubs. At our best tackling complexity and navigating change, we work alongside you on demanding litigation, exacting regulatory work and complex public and private market transactions. We are recognised as leading in these areas. We are immersed in the sectors and challenges that impact you. We are recognised as standing apart in energy, infrastructure and resources. And we’re focused on areas of growth that affect every business across the world.
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).
Worldwide Immigration

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 territoriesIndia, 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).

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More