• Insights

State Department Expands Exceptions to Regional COVID Travel Bans to Include Immigrant and Fiancé(e) Travelers and Certain Exchange Visitors

April 8, 2021

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a Glance

  • The State Department has expanded eligibility for national interest exceptions (NIE) to the regional COVID-19 travel bans in place for Brazil, China, Iran, Ireland, the Schengen Area, South Africa, and the United Kingdom. 
  • Foreign nationals entering on an immigrant or fiancé(e) visa will qualify for national interest exceptions under the new policy.
  • Certain exchange program visitors may also qualify, including certain J-1 au pairs, interns, trainees, and specialized teachers, among others.
  • The new policy became effective immediately. However, many consulates worldwide are still operating at reduced capacity and facing steep application backlogs, so appointment delays are to be expected.

The issue

On April 8, the State Department updated its policy on categories of visa applicants eligible for national interest exceptions (NIE) from the regional COVID-19 travel bans in effect for Brazil, China, Iran, Ireland, the Schengen Area, South Africa, and the United Kingdom (Presidential Proclamations 9984, 9992 and 10143). Under the new policy, those traveling on immigrant and fiancé(e) visas, as well as certain exchange visitors and pilots and aircrew are now categorically approved for NIEs.

Background on regional COVID-19 travel bans and NIEs

The COVID-19 regional public health bans restrict travel for foreign nationals who have been physically present in an identified country within 14 days of seeking entry to the United States and who do not qualify for a ban exception. Transit through an airport in an affected country counts as presence in that country. Certain categories of individuals are not subject to or are explicitly exempt from the bans, including U.S. citizens and lawful permanent residents (green card holders) and their immediate family members, among others. In addition, certain foreign nationals may be eligible for a discretionary waiver, called a national interest exception (NIE).

Initially, NIE eligibility under the regional COVID-19 bans was limited primarily to travel for humanitarian or COVID-related work or circumstances. Additional exceptions were put in place for the Ireland, Schengen Area and United Kingdom bans only, qualifying certain F-1 and M-1 students; academics, J-1 students and journalists; and certain critical business and work travelers traveling from those countries. Unlike the European NIE policy, the exceptions announced today are available to foreign nationals subject to any of the regional COVID proclamations. Travelers from Ireland, the Schengen Area and the United Kingdom will still retain their broader categories of eligibility for an NIE.

Once an NIE is obtained, the foreign national must travel to the United States within the 30-day NIE validity (only for single entry to the United States). Those who require an NIE to overcome a regional ban must obtain the approved NIE even if they already have a valid visa in their passport (with the exception of F and M students subject to the Ireland, Schengen and U.K. bans).

Expanded national interest exception categories

The following categories of foreign travelers will now be considered eligible for an NIE under any of the regional COVID travel bans.

Immigrants and fiancé(e)s

Foreign nationals may be issued immigrant and fiancé(e) visas if otherwise eligible, notwithstanding the regional bans. However, reduced capacity and operations and steep application backlogs at most U.S. consular posts could mean delays in appointments and in visa issuance.

Certain exchange visitors

NIEs may now be approved for the following categories of travel by certain exchange visitors.

  • Travel by an au pair:
    • To provide care for a minor U.S. citizen, LPR, or nonimmigrant where the au pair possesses special skills required for a child with particular needs (e.g., medical, special education, or sign language);
    • That prevents a U.S. citizen, lawful permanent resident, or nonimmigrant from becoming a public health charge or ward of the state or of a public-funded institution; or
    • To provide childcare services for a child whose parents are involved with the provision of medical care to individuals with COVID-19 or with medical research at U.S. facilities to help combat COVID-19.
  • Travel for an exchange program conducted pursuant to a Memorandum of Understanding, Statement of Intent, or other valid agreement in effect prior to June 24, 2020, between a foreign government and any federal, state, or local government entity in the United States that is designed to promote U.S. national interests.
  • Travel by J-1 Interns and Trainees on U.S. government agency-sponsored programs (those with a program number beginning with "G-3" on Form DS-2019) that support the immediate and continued economic recovery of the United States.
  • Travel by J-1 Specialized Teachers in Accredited Educational Institutions with a program number beginning with "G-5" on Form DS-2019. The exchange visitor will teach full-time, including a substantial portion that is in person, in a primary or secondary accredited educational institution where the applicant demonstrates ability to make a specialized contribution. 
  • Travel in support of critical foreign policy objectives. This category only includes exchange visitors participating in a small number of exchange programs that satisfy critical and time sensitive foreign policy objectives.

Pilots and air crew traveling for training and aircraft pickup, delivery, or maintenance

NIEs under the regional COVID bans may now be approved for travel by pilots and aircrew for training or aircraft pickup, delivery, or maintenance. This includes individuals who are traveling to the United States for training or aircraft pickup, delivery, or maintenance on B-1/B-2, B-1, or M-1 visas, or under the Visa Waiver program. The NIE also covers certain M-2 dependents where the principal’s necessary training is four weeks or more. 

What the new policy means for affected foreign nationals

A greater number of foreign nationals will be eligible for NIEs under the new State Department policy. However, reduced capacity and steep visa application backlogs at most U.S. consular posts are likely to continue to delay visa appointments and travel. All visa applications are prioritized by consular posts in accordance with the agency’s guidance on their phased resumption of visa services. Specifically, the State Department prioritizes U.S. citizen services first, followed by immigrant visa processing, and then nonimmigrant visa processing. In addition, visa appointments can be at risk of cancellation due to local COVID and staffing conditions. Foreign nationals are advised to plan travel with some flexibility in the context of the ongoing COVID emergency as changes to consular operations and travel restrictions may occur with little or no notice.

As a reminder, the Centers for Disease Control and Prevention requires a negative COVID test or evidence of recent COVID recovery for any international air travel to the United States.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Blog post

Malta Citizenship by Merit and Vision 2050: Who May Qualify and What Contributions Matter?

Director Isobel Neilson and Manager Sophie Jo Wasson examine how Malta’s Citizenship by Merit framework considers exceptional achievement and contribution alongside the country’s long-term priorities under Vision 2050, and what applicants should consider when developing a credible case.

Learn more

Media mentions

People Management: UK Right to Work Check Changes: What Businesses Need to Know

Partner Naomi Goldshtein discusses how new UK right to work requirements extend beyond direct employees and the steps businesses should take to understand and manage workforce compliance.

Learn more

Blog post

The Dutch-American Friendship Treaty at 70: How “Friendly” is it in Practice?

Partners Aviva Meerschwam and Christine Sullivan, Senior Associate Tuğba Özyakup and Junior Immigration Consultant Gabriela Gonzalez examine how the Dutch-American Friendship Treaty operates in the Netherlands and the US, and what the differences mean for entrepreneurs, investors and businesses pursuing transatlantic growth.

Learn more

Awards

Fragomen Named a Top 10 Finalist for the 2026 Cartus Masters Cup

Fragomen is a Top 10 finalist for the 2026 Cartus Masters Cup, Cartus’ highest supplier honor recognizing exceptional service, collaboration, innovation and commitment to clients and relocating employees.

Learn more

Media mentions

SHRM: Proposed $103,265 H-1B Is Changing Talent Acquisition Strategy

Partner Bo Cooper discusses the proposed $103,265 H-1B fee, potential legal challenges and its broader implications for employers and high-skilled immigration.

Learn more

Media mentions

Business Insider: The Hidden Sacrifices of Chasing an H-1B Career in America

Partner Aaron Blumberg discusses how proposed changes to the H-1B program could affect workers facing layoffs and families navigating dependent visa status.

Learn more

Blog post

Permanent Residence in Germany: Why Eligible Foreign Nationals Should Consider Applying Early

Senior Associate Arta Djahanschiri outlines the principal pathways to permanent residence in Germany, the flexibility and security the status can provide and why eligible foreign nationals should consider applying early.

Learn more

Blog post

Proposed Changes to Naturalisation by Residency in Ireland: What Does it Mean for Employers and Global Mobility Programmes?

Immigration Manager Jo Crawford examines proposed changes to Ireland’s naturalisation requirements and what they could mean for employers and global mobility programmes, including talent retention, workforce planning and business mobility. 

Learn more

Fragomen news

Comment on DHS Proposed $103,265 Fee on Cap-Subject H-1B Petitions.Learn more

Awards

Fragomen Receives Three 2026 Cartus Awards

Fragomen received three recognitions at the 2026 Cartus Global Network Conference for excellence in service, sustainability leadership and global citizenship.

Learn more

Blog post

Net Migration Policy: An Explainer Comparing Australia, Canada and the UK

Partner Jack (Eui Chul) Kim, Senior Counsel Dr. Anna Boucher, UK Government Affairs Strategy Director Shuyeb Muquit and Articling Student David Mucz examine how Australia, Canada and the UK measure net migration. They compare efforts to reduce migration with the need to maintain access to international talent, and explain the potential effects on employers, labor markets and economic growth.

Learn more

Media mentions

Bloomberg Law: White House H-1B Order Puts Employer Layoffs Under Microscope

Partner K. Edward Raleigh discusses how US employers should consider displacement and conduct a risk analysis when assessing H-1B filings in light of recent policy changes.

Learn more

Blog post

Malta Citizenship by Merit and Vision 2050: Who May Qualify and What Contributions Matter?

Director Isobel Neilson and Manager Sophie Jo Wasson examine how Malta’s Citizenship by Merit framework considers exceptional achievement and contribution alongside the country’s long-term priorities under Vision 2050, and what applicants should consider when developing a credible case.

Learn more

Media mentions

People Management: UK Right to Work Check Changes: What Businesses Need to Know

Partner Naomi Goldshtein discusses how new UK right to work requirements extend beyond direct employees and the steps businesses should take to understand and manage workforce compliance.

Learn more

Blog post

The Dutch-American Friendship Treaty at 70: How “Friendly” is it in Practice?

Partners Aviva Meerschwam and Christine Sullivan, Senior Associate Tuğba Özyakup and Junior Immigration Consultant Gabriela Gonzalez examine how the Dutch-American Friendship Treaty operates in the Netherlands and the US, and what the differences mean for entrepreneurs, investors and businesses pursuing transatlantic growth.

Learn more

Awards

Fragomen Named a Top 10 Finalist for the 2026 Cartus Masters Cup

Fragomen is a Top 10 finalist for the 2026 Cartus Masters Cup, Cartus’ highest supplier honor recognizing exceptional service, collaboration, innovation and commitment to clients and relocating employees.

Learn more

Media mentions

SHRM: Proposed $103,265 H-1B Is Changing Talent Acquisition Strategy

Partner Bo Cooper discusses the proposed $103,265 H-1B fee, potential legal challenges and its broader implications for employers and high-skilled immigration.

Learn more

Media mentions

Business Insider: The Hidden Sacrifices of Chasing an H-1B Career in America

Partner Aaron Blumberg discusses how proposed changes to the H-1B program could affect workers facing layoffs and families navigating dependent visa status.

Learn more

Blog post

Permanent Residence in Germany: Why Eligible Foreign Nationals Should Consider Applying Early

Senior Associate Arta Djahanschiri outlines the principal pathways to permanent residence in Germany, the flexibility and security the status can provide and why eligible foreign nationals should consider applying early.

Learn more

Blog post

Proposed Changes to Naturalisation by Residency in Ireland: What Does it Mean for Employers and Global Mobility Programmes?

Immigration Manager Jo Crawford examines proposed changes to Ireland’s naturalisation requirements and what they could mean for employers and global mobility programmes, including talent retention, workforce planning and business mobility. 

Learn more

Fragomen news

Comment on DHS Proposed $103,265 Fee on Cap-Subject H-1B Petitions.Learn more

Awards

Fragomen Receives Three 2026 Cartus Awards

Fragomen received three recognitions at the 2026 Cartus Global Network Conference for excellence in service, sustainability leadership and global citizenship.

Learn more

Blog post

Net Migration Policy: An Explainer Comparing Australia, Canada and the UK

Partner Jack (Eui Chul) Kim, Senior Counsel Dr. Anna Boucher, UK Government Affairs Strategy Director Shuyeb Muquit and Articling Student David Mucz examine how Australia, Canada and the UK measure net migration. They compare efforts to reduce migration with the need to maintain access to international talent, and explain the potential effects on employers, labor markets and economic growth.

Learn more

Media mentions

Bloomberg Law: White House H-1B Order Puts Employer Layoffs Under Microscope

Partner K. Edward Raleigh discusses how US employers should consider displacement and conduct a risk analysis when assessing H-1B filings in light of recent policy changes.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
October 1, 2026 | JapanJapan: Stricter Permanent Residence Requirements
October 2, 2026 | United KingdomUnited Kingdom: Draft Code on Expanded Right to Work Scheme Clarifies Employer Obligations
October 2, 2026 | United KingdomUnited Kingdom: Expanded RTW Scheme in Effect; Further Employer Guidance Published
October 2, 2026 | United StatesUnited States: September 2026 DOL PERM and PWD Processing Times
October 2, 2026 | United StatesUnited States: U.S. Consular Services in Brazil Suspended
October 1, 2026 | JapanJapan: Stricter Permanent Residence Requirements
October 2, 2026 | United KingdomUnited Kingdom: Draft Code on Expanded Right to Work Scheme Clarifies Employer Obligations
October 2, 2026 | United KingdomUnited Kingdom: Expanded RTW Scheme in Effect; Further Employer Guidance Published
October 2, 2026 | United StatesUnited States: September 2026 DOL PERM and PWD Processing Times
October 2, 2026 | United StatesUnited States: U.S. Consular Services in Brazil Suspended
October 1, 2026 | JapanJapan: Stricter Permanent Residence Requirements
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.