The Department of State has posted an update on May 27 to the NIE statement that was originally published on April 30. Although ambiguous, it is likely that continuing students from these affected counties should enter the US no earlier than 30 days before classes begin, and that special conditions apply to students who have been present in Brazil, China, India, Iran, or South Africa.
As a reminder, all new/initial students cannot enter the United States earlier than 30 days prior to the program start date listed on your I-20 or DS-2019. Continuing students should pay attention to the following:
- Broader exception for students present in the Schengen Area, United Kingdom, and Ireland. On a positive note, the May 27, 2021 and June 1, 2021 statements strongly imply that both new and continuing students (F, M, and J students) who were present in the Schengen Area, United Kingdom, and Ireland are not subject to the "August 1 condition." For these students, the statements also imply that:
- May 27, 2021 statement: Although not subject to an August 1 condition, these students are subject to a "no earlier than 30 days before the start of their academic studies" condition.
- May 27, 2021 statement: F-1 and M-1 students who were present in the Schengen Area, United Kingdom, and Ireland and who have "valid F-1 or M-1 visas traveling to begin or continue an academic program do not need to contact an embassy or consulate to seek an individual NIE to travel."
- May 27, 2021 statement: F-1 and M-1 students who were present in the Schengen Area, United Kingdom, and Ireland but who do not have a valid F-1 or M-1 visa "should check the status of visa services at the nearest embassy or consulate; those applicants who are found to be otherwise qualified for an F-1 or M-1 visa will automatically be considered for an NIE to travel."
- May 27, 2021 and June 1, 2021 statements: J-1 students who were present in the Schengen Area, United Kingdom, and Ireland, must obtain an NIE prior to travel, regardless of whether they have a valid J-1 visa.
- A June 7, 2021 CBP Carrier Liaison Program communication obtained by AILA [AILA Doc. No. 21060938] states that: "Students subject to geographic Proclamations due to their presence in the U.K., Ireland and Schengen Area have a blanket waiver." However, the May 27, 2021 DOS statement could still imply that F-1 and M-1 students, although not subject to an August 1 condition, could still be subject to a "no earlier than 30 days before the start of their academic studies" condition.
- Narrower exception for students present in Brazil, China, India, Iran, or South Africa. The May 27, 2021 statement says that "NIE eligibility for students who have been present in Brazil, China, India, Iran, or South Africa applies only to programs that begin on or after August 1, 2021," and the June 1, 2021 statement says that "New or returning students present in China, Brazil, Iran, South Africa, or India may arrive no earlier than 30 days before the start of an academic program beginning August 1, 2021 or after, including optional practical training (OPT)."
- The ambiguous wording creates confusion regarding returning continuing students who were present in those countries, since they will all likely have programs or OPT that "began" before August 1, 2021. That leaves it up to the common sense of consular officers, airlines, and CBP to determine that "this can't possibly mean that new students can come in but returning students or students on OPT can't."
- Also ambiguous is how the term "start of their academic studies" and "start of an academic program" relates to the following dates in SEVIS or on the student's I-20: earliest admission date; program start date; initial start date, and next session start date.
- A June 7, 2021 CBP Carrier Liaison Program communication obtained by AILA [AILA Doc. No. 21060938] states: "Students subject to geographic COVID Proclamations due to their presence in China, Iran, Brazil, South Africa, or India, may qualify for a National Interest Exception only if their academic program begins August 1, 2021 or later," and goes on to state: "Students with valid F-1 and M-1 visas intending to begin or continue an academic program commencing August 1, 2021 or later do not need to contact an embassy or consulate to seek an individual National Interest Exception to travel."
- Optional Practical Training. A specific reference to OPT that was included in the May 13, 2021 statement is absent from the May 27, 2021 statement, but returns in the June 1, 2021 statement.
- The May 27, 2021 statement refers only to students "traveling to begin or continue an academic program" and to "start of academic studies." The absence of an OPT reference leaves it to the "common sense" of officials to determine that "this can't possibly mean that nobody on OPT can return."
- The June 1, 2021 statement mentions OPT, but with the following wording: "New or returning students present in China, Brazil, Iran, South Africa, or India may arrive no earlier than 30 days before the start of an academic program beginning August 1, 2021 or after, including optional practical training (OPT)."
- J-1 professor, research scholar, short-term scholar, or specialist categories. The June 1, 2021 statement appears to establish "academics (certain J visas to include those in the professor, research scholar, short-term scholar, or specialist categories)" as a distinct group not saddled with an August 1 condition. These exchange visitors would still have to apply for an individual NIE regardless of whether they have a valid J-1 visa.
- Note: On May 28, 2020, DOS's BridgeUSA updated its exchange visitor program COVID-19 guidance to state: "Note: Students and certain academic exchange visitors who have been present in South Africa, India, Iran, China, or Brazil, and are traveling in the following categories are eligible for NIEs only for academic programs starting August 1, 2021 or later: College and University Student, Research Scholar, Short Terms Scholar, Specialist, Professor, and Secondary School Student." This statement will likely have to be updated to reflect the June 1, 2021 statement.
We expect requirements for international travel, entry into the U.S., and arrival from abroad at UVA to remain dynamic in the coming months. Please continue to monitor the following web sites for updates: U.S. Department of State Travel, CDC Traver’s Health, UVA ISSP, and UVA Be Safe.