On July 16, 2020, the U.S. Department of State announced that business travelers, investors, treaty traders, and academics from the Schengen Area countries, the U.K., and Ireland may qualify for “national interest exceptions” in spite of having been present in the Schengen Area, the United Kingdom or Ireland within 14 days of attempted entry to the United States.

• Students
  International students traveling to the U.S. on valid F-1 and M-1 nonimmigrant student visas are exempt from the travel ban and do not need to apply for a national interest exception to be admitted into the U.S. However, J-1 students must seek a national interest waiver at a U.S. consular post before traveling. International students from China, Brazil, and Iran are still subject to the U.S. travel ban.

The following groups are not automatically exempt but have to apply for an exemption

• Public Health
  Healthcare professionals or researchers working to alleviate the effects of the COVID-19 pandemic OR to continue ongoing research in an area with substantial public health benefit, such as cancer research.
• Academics
  Foreign nationals on J-1, Exchange Visitor visas in the categories of Students, Professors, Research Scholars, Short-Term Scholars, or Specialists.
• Investors
  Foreign nationals involved in U.S. investment or trade activities of substantial economic impact, including foreign nationals under E-1, Treaty Traders and E-2, Treaty Investors nonimmigrant classifications.
• Business Travelers
  Business Travelers with a valid ESTA registration that was issued prior to the ravel ban may be exempt if they provide a significant economic benefit to the U.S. economy and assist with the economic recovery from the COVID-19 pandemic, including:

  o Technical experts/specialists, traveling to the U.S. to install, service, maintain, or receive training for vessels, machinery and other specialized equipment used by U.S. and foreign firms with a substantial investment in the U.S. Travel must be temporary and for a defined period.

  o Senior-level managers/executives, traveling to the U.S. to provide strategic direction necessary for the success of their company.

  o Professional athletes and essential staff, traveling to the U.S. to participate in major sporting events.

• Dependents of H, J, and L visa holders
  Exceptions may also be available for spouses and children of H, J, and L visa holders who are already exempted from or are not subject to the nonimmigrant proclamation. If the principal nonimmigrant is exempt from restrictions because he or she was present in the United States or held an H, L or restricted J visa on June 24, the effective date of the ban, his or her spouse and dependent children benefit from that exemption, according to the agency statement. In addition, the State Department indicates that, if a principal nonimmigrant is granted a discretionary exemption from the restrictions, the spouse and dependent children will also receive the benefit of that exemption. The agency also states that it will continue to issue H, L, and J visa to dependents who qualify for their own exemption or where the principal applicant is in the United States.

Business travelers, investors, treaty traders, and academics, and students from the Schengen Area countries, the U.K., and Ireland who believe they fall under one of the exception categories above should contact their local U.S. Consulate for details about their visa application process before traveling. Consular officers will make the final determination regarding each applicant’s qualifications for a student visa or a national interest exemption visa at the time of the interview. If a national interest exception is approved, they may travel on either a valid visa or ESTA authorization, as appropriate.

Please note that most U.S. Consulates in Europe have begun a phased resumption of some visa services on July 20, 2020 and offer limited visa appointments to those applicants who qualify for an exception and have imminent travel needs. As such, there is likely to be increased wait times for completing such services due to substantial backlogs.

Travel for the primary purpose of tourism remains suspended.

The State Department also confirmed that Diversity Visa lottery selectees who did not receive an immigrant visa by April 23, 2020 are subject to the visa ban unless they qualify for an exemption.

The Department of State also continues to grant national interest exceptions for qualified travelers seeking to enter the United States for purposes related to humanitarian travel, public health response, and national security.