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National Interest Exceptions to COVID-19 Travel Bans from Brazil, China, Iran and South Africa Aligned to Standards in Place for Schengen, UK, and Ireland

By Elizabeth (Liz) Espín Stern on April 28, 2021
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On April 26, 2021, the Secretary of State made a national interest determination regarding categories of travelers eligible for exceptions under Presidential Proclamations (PPs) 9984, 9992, and 10143 related to the spread of COVID-19. As a result of this determination, national interest exceptions (NIEs) from the regional COVID-19 travel bans in effect for Brazil, China, Iran, and South Africa now align with those already in place for the regional bans barring travel from Ireland, the United Kingdom, and the Schengen Area.

As outlined in the announcement, travelers from these regions may qualify for NIEs if they are seeking to provide vital support for critical infrastructure.  NIEs also are available to journalists; certain students; and certain academics covered by exchange visitor programs. Students and academics subject to these proclamations due to their presence in China, Iran, Brazil, or South Africa, may qualify for an NIE only if their academic program begins August 1, 2021 or later.

Qualified travelers who are applying for or have valid visas or ESTA authorization may travel to the United States following the procedures below, even as PPs 9984, 9992, and 10143 remain in effect.

  • Students with valid F-1 and M-1 visas intending to begin or continue an academic program commencing August 1, 2021 or later do not need to contact an embassy or consulate to seek an individual NIE to travel. They may enter the United States no earlier than 30 days before the start of their academic studies. Students seeking to apply for new F-1 or M-1 visas should check the status of visa services at the nearest embassy or consulate; those applicants who are found to be otherwise qualified for an F-1 or M-1 visa will automatically be considered for an NIE to travel.
  • Travelers in categories described above who have a valid visa in the appropriate class or who have a valid ESTA authorization for travel under the Visa Waiver Program and seek to travel for purposes consistent with ESTA authorization, should contact the nearest U.S. embassy or consulate before traveling, if they believe they may qualify for a National Interest Exception. If a National Interest Exception is approved, they may travel on either a valid visa or ESTA authorization, as appropriate.

The Department of State also continues to grant NIEs for qualified travelers seeking to enter the United States for purposes related to humanitarian travel, public health response, and national security. These travelers and any others who believe their travel to be in the United States’ national interest should also review the website of the nearest U.S. embassy or consulate for instruction on how to contact them.

As with all NIEs for qualified travelers seeking to enter the United States under a Presidential Proclamation, if circumstances warrant, the Secretary of State may revise the national interest determination.

Photo of Elizabeth (Liz) Espín Stern Elizabeth (Liz) Espín Stern

Elizabeth Espín Stern, a partner in Mayer Brown’s Washington DC office, leads the firm’s Global Mobility & Migration practice, which forms part of the Employment & Benefits group. She is a seasoned veteran, advising on US and global immigration, HR and mobility services.

Elizabeth Espín Stern, a partner in Mayer Brown’s Washington DC office, leads the firm’s Global Mobility & Migration practice, which forms part of the Employment & Benefits group. She is a seasoned veteran, advising on US and global immigration, HR and mobility services. She is consistently ranked as a leading business immigration lawyer by Chambers Global, Chambers USA, Who’s Who Legal, The International Who’s Who of Business Lawyers, and national and local publications. In addition, she has been named in Best Lawyers in America, Super Lawyers and “Women in Law Awards 2014” by Lawyer Monthly and named one of National Law Journal’s “Outstanding Women Lawyers 2015.” She spearheads Mayer Brown’s new global worksite management initiative. This “Global People Solution” offers multinational clients, in a variety of sectors including financial services, IT, defense, telecommunications and multimedia, a comprehensive compliance and risk management program in connection with their mobile workforce. Liz regularly speaks and writes about immigration policies and contributes to major news agencies and publications, including Law 360, Quartz.com, Global Business News and a host of global HR publications.

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  • Posted in:
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  • Blog:
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  • Organization:
    Mayer Brown
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