EB-1, E-2 Visa for NIEs during Covid

Travelling to the United States During Covid: Extension to National Interest Exception (NIEs)

Life in America is returning to something resembling normality following a successful roll out of Covid-19 vaccines. However, disruption continues at the border with travelers from Europe (Schengen area), the UK, Ireland, China, India, Iran, Brazil and South Africa still banned unless you can obtain a National Interest Exception (NIE).

While restrictions may soon lift on the UK and Europe, the entry restrictions on the other countries show not sign of abating in the short term. Consequently, the State Department has extended the validity of NIEs to twelve months, permitting multiple entry to the US, so long as they are used for the purpose for which they are granted.

National Interest Exceptions permit travel to the United States, despite border restrictions. As the name suggests, you must be able to prove that your visit is in the US national interest.

Acceptable definitions of national interest include:

  • Directing significant economic activity
  • Journalist work
  • Supporting public health initiatives
  • Extraordinary humanitarian grounds

We have helped multiple clients obtain National Interest Exceptions permitting them to travel to the United States. Many of our E-2 Treaty Investor Visa, L-1 Employee Transfer Visa, New Office L-1 Visa and EB-1c International Manager or Executive Green Card clients may be eligible for National Interest Exceptions (NIEs). The same may be true for people on talent visas, such as the O-1 Visa, the EB-1a Visa, the EB-NIW, EB2 Visa, and other categories.

This issue only affects people coming from certain countries who are not permitted entry to the United States based upon high levels (current or historic) of Covid-19. As the pandemic evolves, new countries may be added to this list, whilst others may be removed. The countries as of today (July 8th) are:

  • China,
  • Iran,
  • Brazil,
  • South Africa,
  • the Schengen Area (Europe),
  • the United Kingdom,
  • Ireland,
  • India

Contact us to discuss how this affects you. Do not arrange travel to the US if you are either in or planning to visit any of the countries on the list above.

Read the State Department’s post.


This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.

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