Background on National Interest Waivers and the Dept. of State NIEs
On August 12, 2021, the U.S. Department of State provided answers to a number of common questions regarding National Interest Exceptions (NIE). As explained in our prior post here, NIEs permit individuals to travel to the U.S. in spite of the multiple regional Covid-19 travel bans that are currently in place. On June 29, 2021, as explained in our prior post here, the Dept. of State announced that NIEs issued by the Dept. of State – such as those issued by U.S. consulates – are valid for 12 months from the date of issuance and for multiple entries, so long as they are used for the same purpose for which they were granted (in other words, as long as the purpose of travel remains the same).
A number of questions have come up since the travel bans were implemented and the government began issuing NIEs, not least of which was due to the fact that both the Dept. and State and Customs and Border Protection (CBP) have authority to issue NIEs. The Dept. of State has issued several pieces of guidance, most recently on August 12, 2021 – this post will cover that guidance. For background on the qualifications for an NIE and other common questions, see our earlier post here
I have both ESTA and a visa, and received an NIE. Can I use either ESTA or my visa with the NIE, or must I use one in particular?
Once an NIE is approved, the traveler can use either their valid visa or ESTA approval. Do keep in mind that the purpose of travel must be the same as that for which the NIE was initially granted.
I received an NIE before the Dept. of State announced on June 29 that NIEs are valid for 12 months. At the time, the consulate told me my NIE is only valid for 30 days and 1 visit. How long is my NIE valid for?
The Dept. of State’s June 29, 2021, announcement applies to all NIEs issued by the Dept. of State, even those issued before that date. As a result, even if you received an NIE before June 29, 2021, your NIE – if issued by the Dept. of State – is valid for 12 months from the date of issuance and can be used for multiple visits to the U.S.
Not only was my NIE issued before June 29, 2021, but the visa I received with it also has an annotation stating that it is only valid for a single entry within 30 days from the date of issuance. Is my NIE still valid for 12 months?
Yes. Even if your NIE or visa has an annotation limiting its validity period, all NIEs issued by the Dept. of State are valid for 12 months and for multiple visits.
I received an NIE, but did not receive a new visa at the time the NIE was approved. Does the new extended validity still apply to my NIE?
Yes. The new 12-month validity period applies to all NIEs issued by the U.S. Dept. of State, even those issued for individuals traveling without a visa (such as under the Visa Waiver Program, explained here).
I received an NIE to travel from one region to the U.S. Can I use the NIE within a 12-month period to travel from a different region into the U.S.?
Yes. NIEs issued by the Dept. of State apply to all of the Covid-19 travel bans. As a result, if your NIE was issued in London and you used it to travel from London to the U.S., for example, you can, within 12 months of issuance, use the same NIE to enter the U.S. from Brazil (as long as the purpose of travel remains the same).
I am concerned that, in spite of the reassurances from the U.S. Dept. of State, I might still be prevented from entering the U.S. by Customs and Border Protection (CBP) since they are an agency of the U.S. Department of Homeland Security rather than the Department of State. Can I be sure that U.S. Customs and Border Protection (CBP) will acknowledge that my NIE has a 12-month validity period?
Yes. The Dept. of State and Dept. of Homeland Security have suggested that they have been in extensive discussions regarding NIEs. According to the Dept. of State, “Customs and Border Protection will recognize the extended validity of all NIEs approved by the Department of State.”
I received an NIE from Customs and Border Protection. Is my NIE valid for 12 months?
No. Unfortunately NIEs issued by CBP, which is an agency of the Dept. of Homeland Security (rather than the Dept. of State), do not receive an extended validity period. They are only valid for the period they were initially issued for.
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