National Interest Exception for F, M, and certain J visa holders for the coming school year

As noted in a previous segment of our newsletter, on May 27, 2021, the US Department of State announced a new national interest determination made by the Secretary of State. Students and certain academics subject to Presidential Proclamations 9984, 9992, and 10143 (related to the spread of COVID-19) who have been present in China, Iran, Brazil, South Africa, or India, may now qualify for a National Interest Exception (“NIE”). They will only for an NIE if their academic program begins August 1, 2021 or later. Derivative family members accompanying a noncitizen who has been granted or would be reasonably expected to receive an NIE, and who is engaging in certain types of long-term employment, studies, or research lasting four weeks or more, also qualify for an exception. 

Students with valid F-1 and M-1 visas who plan to begin or continue an academic program, including optional practical training (“OPT”), starting August 1, 2021 or later do not need to contact an embassy or consulate to travel. They may enter the United States no earlier than 30 days before the start of their academic program. Students seeking to apply for new F-1 or M-1 visas should check the status of visa services at the nearest embassy or consulate; those applicants who are found to be otherwise qualified for an F-1 or M-1 visa will automatically be considered for an NIE to travel. 

(Link to DOS announcement: https://travel.state.gov/content/travel/en/News/visas-news/national-interest-exceptions-for-certain-travelers-from-china-Iran-india-brazil-south-africa-schengen-area-united-kingdom-and-ireland.html)