DOS Clarifies National Interest Exception Process for Travel Ban

Following the implementation of the travel ban implemented on 09.Jun.2025, many foreign nationals have been left with questions regarding their eligibility for visa issuance and admission to the United States. While the proclamation restricts entry for many, it includes provisions for exceptions, including a national interest exception (NIE). In a recent eMail issued in response to a Congressional inquiry, the U.S. Department of State (DOS) has shed some light on how the NIE process will be administered.

DOS Guidance on the NIE Standard

A person who is subject to the travel ban is not prevented from submitting a visa application at a consular post. Any potential exceptions, including the NIE, may be considered by the consular officer during this standard process.

The information provided by the DOS clarifies several key points about the high standard that will be applied when considering an applicant for an NIE. Applicants should be aware of the following:

• An applicant must first be found otherwise eligible for the visa before a consular officer will even make a determination regarding an NIE.
• There is no separate form or application to request an NIE. The assessment will be made by the consular officer at the time of the interview.
• Routine purposes of travel, such as visiting family members, standard business travel, employment, or study in the United States, typically will not be considered as advancing a U.S. national interest.
• The DOS anticipates that national interest exceptions will be “very rare.”

Conclusion

The guidance from the DOS underscores that, while an NIE pathway for an exception to the travel ban exists, it is extremely narrow. Foreign nationals whose travel is for routine purposes should not expect to qualify for an NIE. The burden is on the applicant to demonstrate that their travel meets the very high standard of being in the U.S. national interest, a determination that is made on a case-by-case basis at the discretion of the consular officer.

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