National Interest Exception FAQ
What is a National Interest Exception (NIE)?)
In order to allow entry into the United States in times of Corona for certain travelers from travel ban regions (DEFINED BELOW), the National Interest Exemption has been created by the U.S. authorities. For individuals who are affected by the travel restrictions, entry into the United States is possible in exceptional cases, with prior official permission from the U.S. consulate or U.S. embassy.
National Interest Exceptions (NIE) are exclusively based on national interests. In order to be exempt from the U.S. entry ban and get a waiver, NIE applicants must prove and justify that their physical presence in the United States is necessary and that their entry into the United States is a matter of national interest.
An approved NIE application permits travelers to enter the US once within the 30 days after approval. National Interest Exceptions can be used for ESTA and US visa holders.
- What countries are currently included in the U.S. travel ban?
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(Each country is linked to the appropriate U.S. Embassy or consulate.)
- Who may qualify for a National Interest Exception?
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Individuals may qualify for a waiver due to national interest if they are:
- students (F-1 or M-1 visas) *Students qualify for a blanket NIE, meaning they are automatically considered for the National Interest Exception upon U.S. entry and do not need to submit a separate NIE application.
- pilots / aircrew traveling for training purposes and aircraft pickup, delivery, or maintenance (ESTA, B-1 visas, B-1/B-2 visas , M-1 visas, and certain dependents with M-2 visas)
- journalists (I visas)
- immigrant or fiancé visa applicants (K-1 visas)
- certain exchange visitors (J-1 visas; e. g. au pairs with special skills)
- certain academics and students (J-1 visas)
- a health professional working on COVID-19 containment / persons working in the health care sector
- a person traveling for humanitarian or medical emergencies
- a person traveling for U.S. national security reasons
- harvest workers
- service providers for U.S. authorities (e.g. military)
- an individual who provides "vital support or executive direction for critical infrastructure or critical infrastructure-related supply chains in the U.S."
- an individual who provides "vital support or executive direction for significant economic activity in the United States"
- What is considered critical infrastructure?
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- Chemical
- Commercial Facilities
- Communications
- Critical Manufacturing
- Dams
- Defense Industrial Base
- Emergency Services
- Energy
- Financial
- Food and Agriculture
- Government Facilities
- Healthcare and Public Health
- Information Technology
- Nuclear Reactors, Materials & Waste
- Transportation Systems
- Water
- What qualifies as "vital support or executive direction for critical infrastructure or critical infrastructure-related supply chains in the U.S."?
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Individuals, including executives, who make a significant contribution or provide essential support to one of the 16 critical infrastructure sectors or related suppliers.
- What qualifies as “"vital support or executive direction for significant economic activity in the United States"?
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Travelers who support or lead significant economic activities in the United States are also eligible to apply for an exemption under the following conditions:
- Travel to support a major entertainment production conducted in the United States that would not go on without the traveler.
- Travel by highly specialized professionals or experts to install, service, maintain, or receive necessary training for vessels, machinery and other critical equipment required by U.S. and foreign firms with a substantial investment in the United States.
- Travel by executives and senior-level employees providing strategy and direction to U.S. and foreign firms with a substantial investment in the United States.
- Who does not need a NIE?
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Individuals who are not subject to the entry ban do not need a National Interest Exception (NIE) to enter the United States. These include:
- U.S. citizens
- Green Card holders / Lawful Permanent Residents
- close family members of U.S. citizens or green card holders (including, among others, spouses and children under 21)
- crew members of airlines or shipping companies (C-1/D visas)
- diplomats, government officials or their family members (A-1, A-2, C-2, C-3, G-1, G-2, G-3, G-4, NATO visas)
- members of the U.S. Armed Forces or their family members
- individuals whose entry supports important U.S. law enforcement objectives
- foreign travelers from countries not listed in the proclamation (including Turkey, Russia, Mexico, etc.)
- Where and how do I apply for a NIE?
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The application for National Interest Exception (NIE) must be submitted to the U.S. consulate.
The process of applying for a National Interest Exception (NIE) may vary from country to country or from U.S. consulate to.
The NIE application is about supporting the urgency and importance of your trip to the United States. You must be able to demonstrate that the planned activity must physically take place in the United States and cannot be rescheduled or conducted remotely.
You must prepare the following NIE application documents:
- letter of justification and, if requested, further proofs (e.g. CV)
- copy of passport
- travel data
- ESTA approval / visa copy
- if necessary, further documents (depending on the U.S. consulate)
You should plan on approximately 3 weeks or more to process your NIE application, although processing times vary depending on the U.S. consulate.
- How much does a NIE cost?
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For those who already hold a valid ESTA permit or U.S. visa, there is no additional cost for a National Interest Exception application. For a NIE application as part of a visa or ESTA application, the respective application fees for the visa or ESTA must be paid.
- What do I need in addition to the NIE when entering the U.S.?
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Individuals who have been granted a NIE may need to provide additional documents and comply with regulations depending on their initial situation.
- Visa or ESTA - Since the basic immigration regulations remain in force despite the extensive entry restrictions, it must be clarified in advance whether the activities specified in the NIE application are permitted, e.g. with ESTA approval or corresponding U.S. visa.
- In addition, as of January 26, 2021, air travelers must provide either a negative test result (PCR or antigen test) as electronic or paper copy or proof of recovery from COVID-19. This testing / proof requirement applies to nearly all travelers; including fully vaccinated or recovered individuals, U.S. citizens and Green Card holders. Only crew members on C-1/D visas, certain U.S. government personnel, military personnel, and travelers under two years of age are exempt.
- When will entries into the U.S. be possible again without restrictions?
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The Corona travel ban is in effect for an indefinite period.
- If I don't qualify for an NIE, are there any alternatives available?
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If you are subject to the travel restrictions and do not qualify for a NIE, you may consider travel to a country not subject to the ban for a minimum 14 day period and then travel into the United States.