DOS Announces Exemption to COVID-Related Travel Restrictions for International Students & Academics

In an April 26 announcement, the U.S. State Department updated its National Interest Exception (NIE) page to expand certain NIE eligibility to all countries subject to a geographic COVID-19 entry ban. According to the updated page, "students and certain academics covered by exchange visitor programs," who are subject to pandemic-related travel restrictions "due to their presence in China, Iran, Brazil, South Africa, the Schengen area, the United Kingdom, and Ireland," might now qualify for an NIE. Students and academics "may qualify for an NIE only if their academic program begins August 1, 2021 or later."

The announcement clearly applies to students in the F-1 and M-1 categories; however, the reference to “academics covered by exchange visitors programs” appears limited to J-1 students and J-1 professors, research scholars, and short-term scholars. The prior versions of the NIE policy's reference to "academics" in general is no longer mentioned in the April 26, 2021 version. This might mean that immigration categories like H-1B, L-1, O-1 nonimmigrants may have to qualify for an NIE by establishing that they are "seeking to provide vital support for critical infrastructure," or "for purposes related to humanitarian travel, public health response, and national security."

You can read the Department of State’s media announcement of the policy here.