DOS GUIDANCE ON NATIONAL INTEREST EXCEPTIONS
TheDepartment of State released guidanceon national interest exceptions to Presidential Trump’s April and June 2020immigration bans which suspended the entry of certain immigrant visaapplicants, applicants for H-1B, H-2B, L-1 visa, certain J-1 visa applicants,and spouses or children applying for H-4, L-2, or J-2 visas through December31, 2020.
Afinal determination regarding a visa applicant’s eligibility for a nationalinterest exception will be made at the Embassy or Consulate interview.
Thefollowing, among others, will be considered for a national interest exceptionfor H-1B and L-1 visa applicants:
1. Publichealth or healthcare professionals, or researchers to alleviate the effects ofthe COVID-19 pandemic, or to conduct ongoing medical research in an area with asubstantial public benefit. Thisincludes those traveling to alleviate secondary impacts not directly related toCOVID-19, but adversely impacted by the pandemic.
2. Thoserequested to come to the U.S. by a U.S. government agency to meet critical U.S.foreign policy objectives or to satisfy treaty or contractual obligations.
3. Applicantsentering the US to resume ongoing employment with the same employer in the sameposition and visa category.
4. Technicalspecialists, senior level managers, and other workers whose travel is necessaryto facilitate the immediate and continued economic recovery of the U.S.
5. Seniorlevel executive or manager filling a critical business need of an employermeeting a critical infrastructure need.
Ifthe principal applicant qualifies for a national interest exception, anyaccompanying dependents will be able to receive the corresponding H-4, L-2, orJ-2 visa. Applicants who are subject to aging out of their current immigrantvisa classification by January 14, 2021 can contact the nearest U.S. Embassy orConsulate to request an emergency appointment.
Ifyou need to travel internationally and you believe you may qualify for anational interest exception please contact your MU attorney.