U.S. Embassies in London and Berlin have reported on their websites and via email, respectively, that “all National Interest Exceptions (“NIE”) are now valid for 12 months and multiple entries as long as you are traveling for the same purpose for which you originally received an NIE.” Per confirmation from the U.S. Embassy in Berlin, this new policy went into effect on July 5, 2021, and the Department of State will be announcing this news on their website shortly.
Presidential Proclamation 10143, Section 2.a(xii) allows the entry of any noncitizen whose entry would be in the national interest. Previously, all National Interest Exceptions were only valid for 30 days and only approved for a single entry into the United States. This new policy allows for greater flexibility in travel into the United States for those already issued NIEs, as they are now allowed to enter the country multiple times, provided they are traveling for the same pre-approved purpose stated in their original NIE.
There will be no need to apply for a new NIE until the one-year expiration date of the original. Current guidance published by the U.S. Embassy in London advises that if a foreign national received an NIE within the past 12 months, that exception will remain valid until one year after its original approval date. Regarding further extension beyond one year, the U.S. Embassy confirms that they are not able to extend the NIE beyond one year: “If you do not travel before your NIE expires, you will need to wait until your NIE expires and then reapply.”
Please note that the U.S. Customs and Border Protection (“CBP”) confirmed via email that the above guidance will not apply to CBP requests and NIEs previously issued by CBP.
We will continue to closely monitor and update this alert as further information is released from the Department of State and additional U.S. Embassies and Consulates.
Please contact your Klasko Law attorney with any questions on this new development.
The material contained in this alert does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.
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