The National Interest Exception (NIE) was a mechanism that permitted travelers from countries affected by U.S. travel bans to enter the United States if their entry was deemed beneficial to national interests. Introduced during the COVID-19 pandemic, NIEs allowed individuals whose work or purpose of travel was considered essential—such as public health professionals, researchers, or those supporting critical infrastructure—to bypass certain travel restrictions. ​

As of March 31, 2025, broad use of NIEs has been discontinued following the lifting of pandemic-related travel restrictions in November 2021. However, the concept of national interest remains pertinent in other immigration contexts. For instance, the National Interest Waiver (NIW) under the EB-2 visa category allows certain professionals holding advanced degrees or individuals with exceptional ability to self-petition for a green card if their work is deemed to have substantial merit and national importance. On January 15, 2025, U.S. Citizenship and Immigration Services (USCIS) updated its guidance on evaluating eligibility for NIWs, providing clearer criteria for petitioners.

 

What is a national Interest Exception?

 

A National Interest Exception (NIE) was a special authorization that allowed certain foreign nationals to enter the United States despite being subject to a presidential travel ban or COVID-related entry restriction.

NIEs were introduced during the COVID-19 pandemic, particularly when broad regional travel bans were in effect for countries like the UK, Schengen Area, China, Brazil, and others. Individuals whose entry was deemed to benefit the national interests of the United States—such as supporting critical infrastructure, national security, public health, or economic recovery—could be granted an exemption.

Travelers who qualified for an NIE often included medical professionals, researchers, executives, technical experts, and certain students or exchange visitors. The exemption had to be requested and approved by a US embassy or consulate, and travelers still needed a valid visa or ESTA authorization.

 

Are National Interest Exceptions still available?

 

As of March 31, 2025, National Interest Exceptions are no longer broadly available as they were during the COVID-19 pandemic. Previously, NIEs allowed travelers from countries affected by US travel bans to enter if their travel was deemed in the national interest. However, with the lifting of pandemic-related travel restrictions in November 2021, the general use of NIEs was discontinued. ​

It’s important to note that the term “national interest” still applies in other immigration contexts. For instance, the National Interest Waiver (NIW) remains a relevant pathway under the EB-2 visa category for individuals of exceptional ability or those whose work is of significant benefit to the United States. ​

 

What is a National Interest Waiver?

 

A National Interest Waiver (NIW) is a US immigration option that allows certain individuals to apply for a green card without needing a specific job offer or employer sponsorship. It falls under the second preference employment-based (EB-2) immigrant visa category and is intended for individuals whose work benefits the United States significantly.

To qualify, an applicant must hold an advanced degree or demonstrate exceptional ability in their field. More importantly, they must show that waiving the standard job offer and labor certification requirements would be in the national interest of the United States. This typically means their work has substantial merit and potential impact in areas such as science, technology, healthcare, education, or business.

USCIS evaluates NIW petitions using criteria that focus on the significance of the applicant’s work, their ability to advance it, and whether it would benefit the country enough to justify bypassing the traditional labor market process.

The NIW is a popular option for researchers, entrepreneurs, physicians, and other professionals making meaningful contributions in their field. It offers greater flexibility by allowing individuals to self-petition, meaning they can file for a green card without relying on an employer to sponsor them.

 

Need assistance?

 

Given the evolving nature of US immigration policies, especially under the current Administration, it’s advisable to take professional guidance to ensure you are working to the most accurate and up-to-date information regarding travel and immigration exceptions for the US. Our US attorneys can be contacted here.

 

National Interest Exception FAQs

 

What is a national interest exception?

A national interest exception allows certain travelers to enter the US despite a travel ban or restriction if their entry is deemed to support the national interests of the United States.

 

Who can qualify for a national interest exception?

Travelers whose presence in the US is considered essential to public health, national security, economic recovery, or other strategic priorities may be eligible.

 

Is a national interest exception the same as a visa?

No, a national interest exception does not replace a visa. You must still hold a valid visa or ESTA approval for your travel category.

 

How do I apply for a national interest exception?

Requests are typically submitted to the US embassy or consulate in your country, along with documents showing how your travel serves the national interest.

 

Can a company request a national interest exception on my behalf?

US-based employers or organizations may submit a letter of support explaining how your travel benefits the US.

 

Do I need a national interest exception for each trip to the US?

Some exceptions are valid for multiple entries while others are issued for a single trip only. Check the conditions of your specific approval.

 

Does having a national interest exception guarantee entry to the US?

Final admission is always determined by US Customs and Border Protection at the port of entry.

 

Are national interest exceptions still in effect in 2025?

They may still apply in limited situations, depending on current US travel restrictions or emergency declarations. Always check the latest guidance.

 

What documents should I include in my exception request?

You should include a valid visa or ESTA, a detailed explanation of your travel purpose, and a letter from a US entity supporting your request.

 

Can I reapply if my national interest exception request is denied?

If new circumstances arise or additional supporting evidence becomes available, you may submit a new request.

 

Glossary

 

Term	Definition
National Interest Exception (NIE)	A special permission granted to certain travelers from restricted countries to enter the US if their entry was considered to benefit national interests.
COVID-19 Travel Restrictions	Temporary entry bans imposed by the US government during the pandemic to limit the spread of COVID-19 from specific regions.
US Consulate	A diplomatic office located outside the US where visa services, including NIE requests, are processed.
US Customs and Border Protection (CBP)	The agency responsible for determining admissibility at US ports of entry, including for travelers holding a valid NIE.
National Interest Waiver (NIW)	An immigration benefit under the EB-2 green card category for individuals whose work is considered to have national importance.
Form I-140	The petition filed with US Citizenship and Immigration Services to request a green card under categories including the National Interest Waiver.
Exceptional Ability	A standard used in some visa categories to describe individuals with a high level of expertise in their field.
EB-2 Visa	A second-preference employment-based green card category for individuals with advanced degrees or exceptional ability.
Self-Petition	When an applicant files an immigration petition on their own behalf without needing a US employer to sponsor them.
USCIS	US Citizenship and Immigration Services, the government agency that processes immigration applications and petitions.