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U.S. Embassy In Paris Substantially Limits The Eligibility Of National Interest Exemptions For Foreign Travelers - Immigration

U.S. Embassy In Paris Substantially Limits The Eligibility Of National Interest Exemptions For Foreign Travelers - Immigration
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U.S. Embassy in Paris Substantially Limits the Eligibility of National Interest Exemptions for Foreign Travelers | Sheppard Mullin Richter & Hampton LLP

Information Technology Sector
Transportation Systems Sector
Further,
the travel must be directly related to supporting the infrastructure.
The Embassy also specifies that it “cannot approve at post exceptions based on the “directly support the creation or retention of U.S. jobs” standard, as these cases must be referred to the Department for approvals by the Assistant Secretary of Consular Affairs.”
The communication of the Embassy underlines that “
these exceptions are expected to be very rare and the criteria is very stringent
.”
Before a case can be sent forward, “Each applicant should demonstrate to the satisfaction of a consular officer that the proposed activity must physically take place in the United States and cannot be postponed or conducted remotely.” ....

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Eligibility of NIE for Foreign Travelers Limited

Thursday, March 4, 2021
On March 3, 2021, the U.S. Embassy to France announced significant changes in the criteria for granting “National Interest Exemptions” (“NIE waiver”) to certain foreign travelers coming to the United States. The U.S. Embassy strongly advised persons currently in the United States on E, H, L, O, or P visas not leave the United States for trips back to France unless “
they understand that they may not be able to re-enter the United States for some time.”
In particular, these changes will favor specialists in critical infrastructures to get a NIE waiver, as opposed to senior executives who will generally be denied. The U.S. Embassy further indicated that no information has been provided as to when such new criteria for exceptions will be lifted. ....

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