On July 6, 2021, the U.S. State Department announced that National Interest Exceptions (NIEs) to Presidential Proclamations 9984 (China), 9992 (Iran), 10143 (Brazil, South Africa, the Schengen area, the United Kingdom, & Ireland), and 10199 (India) issued by the State Department will be valid for 12 months from the date of approval and for multiple entries. This announcement also applies to “similar subsequent” Presidential Proclamations that may be issued in the future in connection to COVID-19 travel restrictions.
Previously, the NIEs were only valid for 30 days and for a single entry. Further, the State Department confirmed that the “12 month and multiple entry extension applies retroactively to all existing National Interest Exceptions approved in the last 12 months.” This means that individuals who have already obtained a NIE within the last 12 months should no longer need to reapply for a new NIE “if the purpose of travel is the same as the purpose for which [the existing NIE] was granted.” The 12 month period starts from the date of the NIE approval.
Despite the State Department's broad language in its announcement, there still remains some uncertainty. First, it is important to note that the U.S. State Department and U.S. Customs and Border Protection (CBP) each have the separate authority to issue NIEs. So if an individual has an approved NIE that was granted by CBP, it is not entirely clear if they can rely on this 12 month extension. As of now, it is only clear that NIEs approved by the U.S. State Department are valid for 12 months. Second, it is important to note that CBP, and not the U.S. State Department, determines whether an individual is eligible for admission to the United States. Since the criteria for the NIEs changed in March 2021, if an individual received their NIE prior to March 2021, we would recommend that he or she inquire with their Seyfarth legal team before relying on that NIE to travel to the United States.
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