On March 2, 2021, the Secretary of State rescinded four categories of individuals and their dependents previously eligible for a National Interest Exception (NIE) under the COVID-19 health-related ban for the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 (PP 10143). The categories rescinded are as follows:

Technical experts and specialists
Senior-level managers and executives
Treaty traders and investors
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.

The Secretary of State also created a new national interest determination covering certain travelers seeking to provide vital support for critical infrastructure. The list of what is considered “critical infrastructure” was not defined by the Department of State’s guidance. However, DHS’s Cybersecurity & Infrastructure Security Agency (CISA) has provided a list and description of critical infrastructure sectors that may be useful in preparing for an NIE, absent additional guidance from DOS. The following is a non-exhaustive list of critical sectors:

Chemical Sector
Commercial Facilities Sector
Communications Sector
Critical Manufacturing Sector
Dams Sector
Defense Industrial Base Sector
Emergency Services Sector
Energy Sector
Financial Services Sector
Food and Agriculture Sector
Government Facilities Sector
Healthcare and Public Health Sectors
Information Technology Sector
Nuclear Reactors, Materials, and Waste Sector
Transportation Sector
Water and Wastewater Systems Sector

In addition, travelers in academic, student, and journalist categories remain eligible for an NIE as well. Secretary of 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. All other categories of persons will be required to apply for an NIE.

Should you have questions or concerns with regard to NIE eligibility and travel bans still in place, please contact our office for further guidance and information.

Any information included here or through our website is presented solely for general informational purposes and is not in any way intended as legal advice, is not a substitute for getting actual legal advice from an attorney, and should not be acted upon as legal advice without first seeking qualified professional counsel specific to your needs and situation. Additionally, by providing this general information and the information on our website, no attorney client relationship is created.

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

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