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      • -Labor Certification PERM
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Current Limits on Entry & National Interest exceptions

Page Content

Current Presidential Proclamations Limiting Entry from Designated Countries
Avoid Layovers in Banned Countries
Nat'l Interest Exceptions: Updated Categories & Policy on Determinations
How to Present Your National Interest Exception to CBP

CURRENT GEOGRAPHIC LIMITATIONS ON ENTRY INTO U.S.

Avoid Layovers in Banned Countries

Avoid layovers in banned countries

  Arrange travel so that you do not transit through a banned country. 

Pretty much anyone can travel to the United States provided that the traveler has not been within one of the banned countries within 14 days before boarding their flight: https://www.cdc.gov/coronavirus/2019-ncov/travelers/from-other-countries.html.


  • Let's say you cannot get a direct flight to the U.S. and that you are traveling with a B visa to enter the US.  Your flight cannot transit through Europe. If the wheels of your plane hit the ground in a banned country, you will have to go back and be denied entry for  14 days.  Therefore, arrange your flights so that you have a layover in, for examples, Istanbul, Doha, Dubai, or another non-banned country.

National Interest Exceptions: Categories & determinations

Update July 6, 2021:  Effective immediately, all National Interest Exceptions (NIE) are valid for 12 months and multiple entries.  If you have received a pervious NIE in the past 12 months, it will remain valid until one year after its original approval date.

how to present national interest exception to CBP

According to the ever-changing rules,

According to the ever-changing rules,

According to the ever-changing rules,

Within the email itself rather than attached as a PDF template, the following info is necessary (in addition to attaching supporting documents such as passport, ESTA/Visa, all Embassy correspondence, Employer Letter/ Invite Letter, confirmed flight itinerary, booking, & a scanned G-28 copy)


All requests must include:

  1. The subject line must state “212(f) Waiver/Proclamation Request / (Name of  Traveler)”
  2. Statement explaining why the applicant’s entry into the U.S. falls under any of the  exceptions enumerated in the Presidential Proclamations. In short, why the individual’s presence in the U.S. is “essential” and in which category the traveler will fall under 
  3. “Reason for waiver (national interest, significant business, food workers,  COVID-19 response, humanitarian, etc.)”
  4. Scanned copy of the biographic page(s) of all persons for whom the request is  being made.
  5. Scanned copy of any visas that the individual(s) may possess or ESTA approval.
  6. If the applicant holds a visa foil or ESTA approval, provide evidence of request submitted to DOS to  include date of submission, proof of following up with DOS, and status of request or final decision. Do not contact JFK until it has been at least 14 days from date of submission to DOS unless you include documentation of the emergency nature of the trip. 
  7. All  supporting documentation such as certificates, petitions, G-28 forms, and signed letter from the company to support this request specifically for the individuals requesting waiver.
  8. Provide  location of Embarkation/transit point, and attach confirmed itinerary arriving at JFK.

Include:

According to the ever-changing rules,

According to the ever-changing rules,

  • Flight:  DL 123
  • Itinerary:  LHR-JFK
  • Date of Arrival:
  • Embarkation/Transit   Location:
  • Airport Identifier
  • Traveler:  LAST, First
  • DOB:
  • Gender:
  • Passport #
  • Citizenship
  • Visa/ESTA:
  • Foil # if applicable.
  • A# if applicable.
  • Waiver   Category:      
  • Have   you submitted a NIE waiver with U.S. Embassy / Consulate?
  • Date   of Submission:
  • Status   of request:  I.e. Pending, Denied, etc.
  • Reason for Special Consideration:  If answered No above and applicant holds U.S. Visa Foil provide    brief explanation of why this request should be given special consideration.    I.e. emergency / humanitarian request.      
  • Can you please confirm you still need to travel to the U.S.A. and need a National   Interest Exception (NIE)?
  • In  which critical infrastructure industry is your work? See:(https://www.cisa.gov/critical-infrastructuresectors) 
  • What   are the exact specific activities you intend to perform?
  •  How   do these activities directly support the critical infrastructure?
  •  Why   do these activities require your physical presence in the United States?
  •  Why will alternatives such as video conferencing, teleworking, or actions by   proxy fail to directly support the critical infrastructure?
  • Explanation of request for waiver:  Statement explaining why the applicant’s    entry into the U.S. falls under any of the exceptions enumerated in the    Presidential Proclamations. Reason for waiver (i.e. national interest,    significant business, food workers, covid-19 response, humanitarian, etc.


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