National Interest Exception - NIE FAQs

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Travelled to India on H-1B status, stamping done through NIE, job contract ended: What are the chances to get back to the U.S.?

Authored on: Thu, 12/16/2021 - 08:40

Question

My friend had traveled to India in an emergency situation in April this year. Since the consulates were closed for so long, he could get his H-1 visa stamping done by an emergency appointment last month (through NIE) only. Now, his job contract ended here. What are his chances to come back to the U.S.? - Does he need to have a job with an offer letter before traveling back to the U.S. back?

Answer

Video URL

J-1 exchange visitors and NIE (National Interest Exception)

Authored on: Tue, 09/21/2021 - 06:17

Question

 I am a Slovenian citizen, and I plan to do a 3-month student internship in the USA in December. I have everything arranged with my employer. The only question I have is, can I travel from the Schengen area on my J-1 visa? And if not, how can I come to the USA for my internship?

Answer

J-1 exchange visitors will be able to travel only if the visa is approved and they qualify for a national interest exception (NIE). If you already have a visa, you will need to apply for an NIE or travel to and stay for two weeks in a third country from which travel to the USA is allowed.  The US consulate in Slovenia has indicated they will consider NIE for J-1 holders:

  • Academic professors/researchers (J visa)
  • Au Pairs who are providing specialized care to a child needing particular medical, educational, or sign language care; or an au pair providing care to a child of parents working in the medical field related to Covid care or research.  (J visa)
  • Exchange participant pursuant to a government-to-government agreement (J visa)

Intern or Trainee at a U.S. Government Agency (J visa, with program series G-3)

H-1B visa and applying for National Interest Exception

Authored on: Tue, 09/21/2021 - 05:42

Question

I am presently in the U.S. and will be visiting India to get my H-1B Visa stamped.  As there are travel restrictions for passengers from India to the US, will I be allowed to enter the U.S. on an H-1B visa? Presently I am staying in the U.S. on OPT.

Answer

Unless you are covered by an exemption, you will have to apply for a national interest exception. Also, getting appointments for visa stamping is not particularly easy at the moment.

 

 

Note: For the NRI readers, The Economic Times has started an immigration helpdesk. A team of experts which includes Rajiv S. Khanna will address the most pressing issues. Please see the link below.

https://economictimes.indiatimes.com/nri/migrate/nri-helpdesk-are-you-q…