U.S. Department of State Provides Limited Guidance on National Interest Exception for Visa Issuance

On June 9, 2025, restrictions on travel to the U.S. went into effect via Presidential Proclamation, impacting certain citizens of 19 different countries.  Those impacted by the Proclamation can still submit visa applications and schedule visa appointments, but such individuals may ultimately be found ineligible for a visa or admission to the U.S.  The Proclamation contains various exceptions, including the following: “Exceptions to the suspension of and limitation on entry . . . may be made case-by-case for individuals for whom the Secretary of State finds, in his discretion, that the travel by the individual would serve a United States national interest.”  The U.S. Department of State (DOS) has now provided certain guidance as to how it will determine who qualifies for this “national interest exception”, as follows:

Applicants seeking a national interest exception must first apply for a visa before the Department can make a determination. We anticipate that national interest exceptions will be very rare. The Department will make a determination regarding a national interest exception on a case-by-case basis if the applicant is first found eligible for the visa. The travel must advance a U.S. national interest. Routine purposes of travel including visiting family members in the United States, routine business travel, employment, or study in the United States will typically not be considered to be advancing a U.S. national interest. There is no application for a national interest exception. That will be considered by the consular officer during the interview.

While this does not provide guidance on the national interest exception with much specificity, it does provide some baseline information about who may (and who will not) qualify.  We will know more about the types of travel that may be eligible for the national interest exception as time goes on and either the DOS publishes more guidance, or we are able to collect ongoing anecdotal examples.