DOS Update on National Interest Exceptions to Travel Bans

DOS Update on National Interest Exceptions to Travel Bans

 

H/L Travel Ban

 

The Department of State (DOS) provided further guidance as to which visa applicants may be considered for a national interest exception under Executive Order 10052. Pursuant to this executive order, the DOS currently prohibits the issuance of new visa stamps to H-1B and L-1 nonimmigrants through December 31, 2020.

 

This new guidance provides a number of exceptions for H-1B workers that may be deemed in the national interest, including for nationals who:

 

  • Will assist in the COVID-19 recovery
  • Are requested by a U.S. government agency
  • Need to continue in the same position with the same employer and visa classification as previously approved
  • Are technical specialist or senior level managers who will assist in the U.S. economic recovery as outlined by a series of factors.

 

For the L-1 category, national interest exceptions include foreign nationals who:

 

  • Will assist in the COVID-19 recovery
  • Are requested by a U.S. government agency
  • Need to continue in the same position with the same employer and visa classification as previously approved
  • Will contribute to a critical U.S. infrastructure need.

 

The DOS directs H and L visa applicants to request an emergency appointment with a local consular post, in order to request a national interest exception. Due to limited capacity resulting from COVID-19, the DOS advises it may not be able to accommodate all national interest exception requests unless there is also an emergency. As such, there may be logistical barriers beyond just the above criteria for requesting national interest exceptions. We note there are multiple pending lawsuits seeking to stop the H and L travel ban in its entirety. We will continue to monitor their progress.

 

COVID-19 Travel Ban

 

DOS is encouraging national interest exceptions for travelers subject to the European COVID-19 travel ban, stating it will bolster the U.S. economic recovery. The European COVID-19 travel ban prevents entry of persons physically present in the Schengen area, UK, or Ireland during the past 14 days with some limited exceptions. This national interest exception is a separate exception from the H and L travel ban process.

 

We note each U.S. consulate in Europe is implementing their own procedures to apply for the national interest exception based on this guidance. Many consular posts, including the one in London, are utilizing streamlined online requests where the individual already has a valid ESTA or visa.

 

If you require assistance applying for a national interest exception to the H/L travel ban or the European COVID-19 travel ban, please contact Gee & Zhang LLP.