FYI - please share with applicable faculty and staff.
Everyone,
On March 2, the U.S. Department of State (DOS) announced a new policy, effective immediately, that makes it significantly harder for nonimmigrant workers (such as H-1Bs) to obtain a National Interest Exception (NIE) under the European COVID-related travel bans. The countries affected are the European Schengen Area, the United Kingdom, and Ireland.
New NIE Policy
Eligibility for work and business travel NIEs for these specific COVID-related travel bans has been narrowed to those people "seeking to provide vital support for critical infrastructure." The prior standard was more broad and allowed people to qualify if they would 'substantially contribute to the U.S. economy.' Currently there is no exact definition of what DOS means by "vital support for critical infrastructure," so we will have to wait and see how this new policy will be implemented.
No previously issued NIEs will be revoked, but any visa applications where an NIE is needed will now be reviewed using the new criteria, even if the appointment was already scheduled (but not completed) before this new change was announced.
Exceptions
DOS has stated that it will continue to issue NIEs for humanitarian travel, travel related to national security or public health, and travel by students (F-1 or J-1) or academics. While this is good news for us in general, not all of our H-1B employees will be considered an "academic" just because they work at NC State. The consular officer will make a decision about eligibility for an NIE by reviewing the job title and duties, among other things, and just the fact that NC State is the employer does not mean that all of our employees will be exempt from this new policy.
Other Travel Considerations
NIEs cannot be granted while a foreign national is inside the U.S., so please be aware of this if any foreign national employees are planning any travel abroad, regardless of whether they need to apply for a new visa stamp or not. They need to be prepared for the possibility of being delayed or even prevented from returning to the U.S. for an extended period of time, either because of this new policy change, or because of local COVID and/or reduced consular/embassy staffing conditions and backlogs at the location at which they are applying for either an NIE and/or a visa stamp in their passport.
As a reminder, even foreign nationals with valid employment-related visa stamps already in their passports MUST obtain an approved NIE to return to the U.S. after travel from an affected European country - which again includes the Schengen Area, the U.K. and Ireland.
The "H-1B travel ban" (implemented by the prior president last June) is still in effect, although currently it is scheduled to end on March 31, in just a few weeks.
Additionally there is a
new CDC requirement that everyone returning on a flight to the U.S. is required to have a negative COVID-19 test before boarding the airplane (see the first light yellow box at the top of the webpage), and this requirement applies to everyone entering the U.S.
International Employment Travel Guidance
IE continues to advise against international travel, since the pandemic is still not under control and new variations of the virus are still developing and spreading. The university has restrictions on
work-related travel, and the CDC also continues to
advise against travel (see second orange-yellow box on this webpage).
If you have an questions or concerns about this message, please contact me directly at
jill_bl...@ncsu.edu, or the IE team member with whom you normally communicate. Alternatively, you can send a message to our general email inbox at
internation...@ncsu.edu.
Regards,
Jill Blitstein
IE Manager