On 8 April 2021, US Secretary of State Antony Blinken issued new guidance for proclamations covering National Interest Exception (NIE) covering entry to the USA. Under the updated guidance it has been determined that the travel of immigrants, fiancé(e) visa holders, certain exchange visitors, and pilots and aircrew traveling to the United States for training or aircraft pickup, delivery, or maintenance is in the national interest for purposes of approving exceptions under the geographic COVID Presidential Proclamations (9984, 9992, and 10143). These proclamations restrict the entry of individuals physically present, within the 14-day period prior to their attempted entry into the United States, in the People’s Republic of China, Islamic Republic of Iran, Schengen Area, United Kingdom, Republic of Ireland, Federative Republic of Brazil, or Republic of South Africa. This article provides further details regarding this determination.
Immigrant and K fiancé visa applicants present in South Africa, Brazil, the Schengen Area, the United Kingdom, the Republic of Ireland, the People’s Republic of China, and the Islamic Republic of Iran should review the website of the nearest embassy or consulate which processes immigrant visas to verify which visa services are currently available, as the volume and type of visa cases each post is able to process, given the ongoing impacts of the COVID-19 pandemic, will depend on local circumstances. At posts where immigrant visa processing is available, immigrant visas will be prioritized in accordance with the Department’s guidance on the phased resumption of visa services.
Travel by certain exchange visitors has been determined to be in the national interest for purposes of granting exceptions under the geographic COVID Presidential Proclamations. The national interest exceptions under these proclamations may be approved for the following categories of travel:
- Travel by an au pair to provide care for a minor U.S. citizen, LPR, or non-immigrant in lawful status when the au pair possesses special skills required for a child with particular needs.
- Travel by an au pair that prevents a U.S. citizen, lawful permanent resident, or other non-immigrant in lawful status from becoming a public health charge or ward of the state or of a medical or other public funded institution.
- Travel by an au pair to provide childcare services for a child whose parents are involved with the provision of medical care to individuals who have contracted COVID-19 or medical research at United States facilities to help the United States combat COVID-19.
- Travel for an exchange program conducted pursuant to an MOU, Statement of Intent, or other valid agreement or arrangement between a foreign government and any federal, state, or local government entity in the United States that is designed to promote U.S. national interests.
- Travel by Interns and Trainees on U.S. government agency-sponsored programs (those with a program number beginning with “G-3” on Form DS-2019).
- Travel by Specialized Teachers in Accredited Educational Institutions with a program number beginning with “G-5” on Form DS-2019.
- Travel in support of critical foreign policy objectives.
Furthermore, Secretary of State Blinken has now determined that travel by pilots and aircrew for training or aircraft pickup, delivery, or maintenance is in the national interest for purposes of granting exceptions. This includes individuals who are traveling to the United States for training or aircraft pickup, delivery, or maintenance on B-1/B-2, B-1, or M-1 visas, or Visa Waiver Program authorizations. The determination also covers certain M-2 dependents when the principal’s necessary training is four weeks or more. Access by qualified pilots and other essential air crew to aircraft maintenance, as well as simulator training, continuing education such as proficiency checks, and other vital safety certification courses offered in the United States, is an important component of safe skies. Therefore, we intend to continue issuing visas to eligible applicants for such travelers, on the basis of national interest exceptions, as permitted by post resources and local government restrictions.
