State Department Broadens National Interest Exception Criteria For Business Travel

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On May 27, 2021, the Secretary of State broadened the eligibility criteria regarding categories of business travelers eligible for National Interest Exceptions under Presidential Proclamations 9984,...
United States Immigration
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On May 27, 2021, the Secretary of State broadened the eligibility criteria regarding categories of business travelers eligible for National Interest Exceptions under Presidential Proclamations 9984, 9992, 10143, 10199, and similar subsequent proclamations related to the spread of COVID-19. As a result of this determination, together with national interest determinations already in place, travelers subject to these proclamations due to their presence in China, Iran, India, Brazil, South Africa, the Schengen area, the United Kingdom, and Ireland, who are seeking to provide vital support or executive direction for critical infrastructure, and those traveling to provide vital support or executive direction for significant economic activity in the United States, may now qualify for National Interest Exceptions.

Previously, the business-related exception was limited to travelers seeking to provide vital support for critical infrastructure sectors or directly linked supply chains. This new guidance expands the eligibility to travelers providing "executive direction." Furthermore, the new guidance expands eligibility to travelers providing vital support or executive direction for "significant economic activity in the United States."

Other previously announced eligibility criteria for National Interest Exceptions (e.g., students) remain in effect.

As with all National Interest Exceptions for qualified travelers seeking to enter the United States under a Presidential Proclamation, if circumstances warrant, the Secretary of State may revise the national interest determination.

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This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

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