NOTE: This post was updated on March 10, 2021 to reflect additional information and clarification provided by the State Department and other sources.
The Department of State announced that it has rescinded the National Interest Exception (NIE) criteria under Presidential Proclamation 10143 as related to the Schengen Area, United Kingdom, and Ireland travel bans. Under these travel bans individuals were able to demonstrate eligibility for a NIE if they were (1) technical experts or specialists; (2) senior-level managers or executive; (3) treaty traders or investors; or (4) professional athletes or dependents.
The State Department, instead, announced a new, more restrictive list of NIE eligibility criteria, focused mainly on individuals providing vital support of critical infrastructure.
While the brief announcement of the Department of State website did not go into detail regarding the specifics of the new NIE criteria, several Embassies have updated their guidance to indicate that the new NIE requirements will be assessed as follows:
Individuals providing vital support of critical infrastructure sectors (including chemical, commercial facilities, communications, critical manufacturing, dams, defense industrial base, emergency services, energy, financial services, food and agriculture, government facilities, healthcare and public health, information technology, nuclear reactors, transportation, and water/wastewater systems); or
Travel which would directly support the creation or retention of U.S. jobs where the proposed activity will physically take place in the United States and cannot be postponed or conducted remotely. The jobs exception is expected to be very rare and is designed for substantial job creation or retention. The decision on these grounds will be made by the Department of State in Washington, DC and not by individual Embassies.
The State Department confirmed that no previously-issued visas or NIEs will be revoked due to the new policy and that individuals apply for F-1 and M-1 visas would automatically be considered for NIEs under the applicable criteria.
In addition, travelers in academic, student, and journalist categories remain eligible for an NIE as well. Further, the State Department will also continue to offer NIEs for public health, national security, and humanitarian categories.
It is important to note that individual consulates and Embassies retain discretion in how they will apply and interpret the new NIE criteria so it remains to be seen how restrictive individual posts will be in their reading of the new requirements.
In addition, D&S is receiving reports that several Embassies and consulates are requiring individuals to demonstrate NIE eligibility in order to secure a consular interview (rather than requesting the NIE at the interview itself), though it has not yet been confirmed whether this is a post-specific requirement or a broader new policy.
D&S will continue to monitor the implementation of the new NIE criteria and provide updates as they become available.