Pandemic-based US visa and entry bans, originally imposed by former American President Donald Trump, have actually become tougher in some respects under Biden. In the Schengen Area, UK and Ireland it has become more difficult to receive National Interest Exceptions (NIEs) and thereby avoid the long COVID-19 backlog of visa applications. NIEs for travelers from these countries had previously been granted more easily under the Trump administration at US embassies and consulates. In many cases to gain entry to the US quickly you now need to come under `critical infrastructure needs`, which is restricted to a limited number of industries.

However, changes in US Department of State (DoS) guidance has made it more difficult for business travelers, including senior executives and managers, to enter the US. Under previous guidance, E1 and E2 visa holders, H1B visa holders and L1 visa holders would be seen to offer substantial economic benefits to the US and visa applications would often be approved.
However, the US Embassy in Rome, Italy recently explained that managers or senior executives traveling to observe operations or hold meetings with clients will no longer qualify for a National Interest Exception.

Some countries not included
While applicants from the Schengen region, the UK and Ireland have been blocked from NIEs, Secretary of State Anthony Blinken did not include Brazil or South Africa in the change of policy, despite these two nations having particularly contagious variants of COVID-19.
The abruptly updated policy also doesn’t include China or Iran â€` countries that the US considers to be adversaries. The DoS announcement also fails to explain why students traveling from the Schengen region, the UK or Ireland with a valid F1 or M1 student visa do not need to contact an embassy or consulate to seek an individual NIE to travel.
According to new guidance, students granted an F1 or M1 visa will ‘automatically be considered for an NIE to travel to the US’.
Meanwhile, there has been no change to the COVID-19 Labor Market and the different and more-easily-attainable NIE standards for H1B, L1 and J1 visa categories.
By rescinding the substantial economic benefit from the NIE criteria, which applied to travelers from the Schengen area, the UK and Ireland, Blinken now requires US consular officers to be satisfied that a visa applicant will provide ‘vital support to critical infrastructure sectors’ as defined by the Department of

Homeland Security.
The DHS’ Cybersecurity and Infrastructure Security Agency (CISA) says: “There are 16 critical infrastructure sectors whose assets, systems, and networks, whether physical or virtual, are considered so vital to the US that their incapacitation or destruction would have a debilitating effect on security, national economic security, national public health or safety, or any combination thereof.”
“They include chemical, commercial facilities, communications, critical manufacturing, dams, defense industrial base, emergency services, energy, financial services, food and agriculture, government facilities, healthcare and public health, information technology, nuclear reactors, transportation, and water/wastewater systems,” the CISA added.

NIE rules make no sense
Rescinding NIE for citizens of the Schengen area, the UK and Ireland has been described as ‘making no sense’ on many levels, whether it’s on the grounds of public health, foreign policy, economic policy, rule of law or interdepartmental accountability.
To rescind on the basis of public health is baffling considering that student visa holders can enter unobstructed, while people from Brazil and South Africa â€` where a contagious variant of the coronavirus is known to exist â€` can also travel to the US.
From a foreign policy point of view, most countries in the Schengen area, the UK and Ireland are considered allies of the US, whereas nations like China and Iran would be considered enemies, yet their citizens are exempt from the new NIE rules.
From an economic standpoint, questions have been raised on why ‘harm to US industries that utilize talent from around the world’ has been used as a basis to remove NIE for some countries, but not others.
Questions have also been raised over why the US State Department is adjudicating and denying applications when its consular officers only have the authority to determine ‘visa ineligibilities’ and not inadmissibility to enter the US.
The use of funds by the DoS has also been questioned, with reports of appropriated funds being used unlawfully.
The DoS is set to review the existing rules before May 3, 2021, at which point some of these questions may be answered.
www.samigration.com V.3502

One of the highlighted topics: Critical Skills Visa.

- Key Insight: Is your profession on the Critical Skills List? This visa is your fast track to working in South Afr...
- This matter relates to critical skills visa and its broader implications.
- Individuals are advised to seek professional guidance.

Is your profession on the Critical Skills List? This visa is your fast trac V.6139
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One of the applicants, Phindile Mazibuko, became a victim of identity theft in 2012 when fraudulent transactions occurred, using her personal details.

-The Pretoria High Court found that the department of home affairs had violated constitutional rights without due process.
-Only half of Lawyers for Human Rights` test group has been unblocked, while 385 000 identities remain blocked nationwide.
-LHR appeals extension, urges affected people to seek help now.

Lawyers for Human Rights (LHR) are intensifying pressure on the department of home affairs over the national ID-blocking crisis, accusing the state of acting too slowly to unblock qualifying individuals despite a landmark court ruling.

In January last year, the Pretoria High Court found that the department`s practice of blocking IDs without due process was unlawful and unconstitutional. One of the applicants, Phindile Mazibuko, a Swati citizen and South African permanent resident since 1998, fell victim to identity theft in 2012 when fraudsters used her personal details.

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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6128
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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6129
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A Washington state mother and her 6-year-old son have been released after spending more than three weeks in US immigration detention due to a brief trip to Canada and a small paperwork mistake, her attorney told CNN on Saturday.

Sarah Shaw, a New Zealand citizen who has lived legally in the US since she arrived in 2021, was detained at the Blaine, Washington, Customs and Border Protection checkpoint when returning home after dropping her two oldest children off at the Vancouver airport for a flight to visit their grandparents in New Zealand. Shaw, 33, chose the flight out of Vancouver because it was direct and she didn`t want her children to have to navigate a layover alone, her attorney Minda Thorward, told CNN.

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On 22 July 2025, the Gauteng High Court dismissed Sitrusrand Boerdery`s review of the Department of Employment and Labour`s refusal to issue a Working Conditions and Salary Benchmarking Certificate, an essential precondition for obtaining corporate visas under the Immigration Act.

Acting Judge Kekana AJ held that the Department`s decision was lawful, rational and procedurally fair. This judgment illustrates how businesses can - and must - structure their corporate visa applications to meet statutory requirements, and how legal practitioners should prepare robust review challenges when administrative authorities decline to recommend foreign-work permits.

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The United States could forfeit an estimated 9.4 billion dollars in visitor spending over the next three years following the introduction of a new 250 dollars `visa integrity fee,` according to industry groups, who warn the policy risks undermining tourism and costing thousands of jobs.
The United States’ decision to introduce a 250 dollars `visa integrity fee` on international visitors has triggered sharp criticism from the global tourism industry, with officials warning that the measure could deter millions of travellers and cost the U.S. economy billions.
The 250dollar `visa integrity fee,` part of the One Big Beautiful Bill Act signed on July 4, 2025, will take effect later this year. According to immigration law firm Envoy Global, it applies to all nonimmigrant visa holders which include students, tourists, temporary workers, and business visitors particularly from African countries. V.6132
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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6127
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1. Right to Legal Representation•You have the right to consult with a legal representative.•Contact an immigration practitioner, legal aid clinic, or attorney urgently.•Do not sign any documents without understanding them fully. 2. Section 34 of the Immigration Act•You must be brought to court with 48 hours to confirm arrest but you can remain locked up very long as courts figure out what to do with you •If you`re found to be illegally in South Africa, you may be detained for up to 30 days (extendable by a magistrate) pending deportation.•BUT this cannot happen arbitrarily. You must be informed of your rights, and Home Affairs must follow due process.- becomes a nightmare , you could lose your job , business , place to stay V.6121
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Driving for Bolt, Uber, Mr D, or Checkers Sixty60?If you`re undocumented, you`re risking more than just your income.The Risks if You`re Not Legal: - Vehicle impoundment - Heavy fines - Arrest & deportation - Permanent bans from working in SA V.6122
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