Case-by-Case Waiver
Sections 2 through 5 refer to the categorical exceptions and “case-by-case waivers” described in section 6. This is the proclamation’s own terminology for discretionary relief from the entry suspension.
Presidential Proclamation Waiver Lawyer
How to Request a Case-by-Case Waiver or National-Interest Exception Under Presidential Proclamation 10998
Presidential Proclamation 10998 authorizes case-by-case relief for covered travelers when an authorized official determines that the individual’s travel would advance or serve a United States national interest. The proclamation calls this relief a case-by-case waiver or exception, but it is not a Form I-601 waiver, Form I-212 permission to reapply, or INA §212(d)(3) nonimmigrant waiver.
The request should begin by confirming that the person is actually covered and lacks a categorical exception. It should then identify the correct agency authority, define the specific U.S. interest, prove why this individual’s presence is necessary, address urgency and alternatives, and resolve every separate visa or inadmissibility issue.
Current-law notice: Proclamation 10998 took effect January 1, 2026. Agency procedures may vary by visa post, DHS component, case posture, and later guidance. Verify the current process immediately before submission.
Effective dateJanuary 1, 2026
Last legal reviewAugust 3, 2026
Current authorityProclamation 10998 §6(d)–(f)
ReliefCase-by-case discretion
Correct Terminology
Is It a Proclamation Waiver or a National-Interest Exception?
National-Interest Exception
Department of State guidance commonly describes the discretionary relief as a National Interest Exception because the governing standard asks whether the travel would serve a United States national interest.
Not an INA §212(a) Waiver
The proclamation waiver does not forgive fraud, crime, unlawful presence, removal, health, security, or another ground of inadmissibility. Separate statutory relief may be required.
Do not file Form I-601 merely because the applicant is subject to the proclamation. Form I-601 addresses specified inadmissibility grounds. A Proclamation 10998 national-interest request is a distinct discretionary process with different authority, evidence, and decision makers.
Before Requesting Discretion
First Determine Whether a Waiver Is Actually Necessary
Valid Visa on the Effective Date
A covered national who held a valid visa on January 1, 2026, at 12:01 a.m. EST is outside the proclamation’s stated scope and may not need discretionary relief.
Inside the United States
The proclamation generally applies only to covered persons who were outside the United States on the applicable effective date.
Visa Classification Not Suspended
For a partially restricted country, nonimmigrant classifications outside B, F, M, and J may not be suspended, although visa validity may be reduced and other restrictions may apply.
Lawful Permanent Resident
Any lawful permanent resident is categorically excepted, subject to separate abandonment, documentary, criminal, removal, and admission issues.
Qualifying Dual National
A dual national traveling on a passport issued by a non-designated country may qualify for the express passport-based exception.
Other Categorical Exception
Official visa holders, specified sporting-event travelers, specified U.S. government employee SIV applicants, and qualifying Iranian minority immigrant applicants may be categorically excepted.
Use discretionary relief as the alternative, not the starting point, when an objective exception exists. A strong submission can state that the person is outside the proclamation or categorically excepted and, in the alternative, warrants national-interest treatment.
Decision-Making Authority
Who Can Grant a Proclamation 10998 Waiver?
Attorney General or Designee
The Attorney General may grant relief when, in her discretion, the individual’s travel would advance a critical United States national interest involving DOJ. The proclamation expressly gives participation in criminal proceedings as a witness as an example.
Secretary of State or Designee
The Secretary of State may grant relief when, in his discretion, the individual’s travel would serve a United States national interest. The decision is coordinated with DHS.
Secretary of Homeland Security or Designee
The Secretary of Homeland Security may grant relief when, in her discretion, the individual’s travel would serve a United States national interest. The decision is coordinated with State.
Ordinary visa applicants generally present the request through consular processing. A consular officer may receive and evaluate the submission under Department procedures, but the proclamation assigns waiver authority only to the specified Cabinet officials or their designees, with required interagency coordination.
No Universal Form
How Is a Proclamation Waiver Requested?
Visa Application and Interview
Department guidance states that applicants subject to Proclamation 10998 may still submit visa applications and schedule interviews. For many cases, the visa process is the practical vehicle for presenting the request.
Written Legal Submission
Where accepted, provide a concise memorandum identifying coverage, the waiver authority, U.S. interest, necessary facts, supporting exhibits, and the precise requested action.
Post-Specific Instructions
Follow the responsible embassy or consulate’s method for submitting documents. Procedures may involve an online portal, email, courier, interview submission, or post-interview request.
DHS Case Posture
Admission, parole, or another DHS-controlled matter may require a DHS process rather than a consular request. Determine which agency controls the decision sought.
DOJ-Related Travel
A witness, criminal-proceeding participant, or other DOJ-related traveler should coordinate with the responsible prosecutor, court, agency, or DOJ component rather than relying only on a self-authored visa letter.
Adoption Procedure
State instructs qualifying adoption families to continue the normal adoption and visa process. They need not complete a separate additional step to receive case-by-case consideration.
A Request Sent to the Wrong Office May Produce No Decision
Before submitting, identify whether the applicant needs visa issuance, DHS admission permission, DOJ coordination, or relief from a separate State Department pause. The proclamation does not create a general mailbox or universal standalone filing form for every case.
National-Interest Theory
What Must the Request Prove?
A Specific U.S. Interest
Identify the governmental, economic, public-health, scientific, educational, judicial, infrastructure, national-security, or other concrete U.S. interest advanced by the travel.
This Individual Is Necessary
Explain the applicant’s exact role, credentials, relationship, responsibility, knowledge, or capability and why another person cannot reasonably perform it.
Travel Is Necessary
Show why the objective cannot be achieved through remote participation, postponement, reassignment, another location, or a different immigration arrangement.
Timing Matters
Document a fixed event, project milestone, medical need, court date, academic deadline, contract obligation, aging-out concern, or other time-sensitive consequence.
Benefits Outweigh the Restriction
Present facts allowing the authorized official to determine that admitting this person serves the United States despite the policy reasons supporting the proclamation.
The Applicant Remains Otherwise Eligible
Establish the visa classification and address admissibility, petition validity, documentary requirements, screening, and any separate issuance restriction.
“It is important that I travel” is not a national-interest theory. The request should identify the U.S. institution or objective affected, quantify or document the consequences, and establish why this applicant’s physical presence is necessary.
Potential National Interests
Common Case Types That May Support Discretionary Relief
Department of Justice Proceedings
Necessary witnesses, victims, defendants, experts, evidence custodians, or other participants in criminal proceedings may fit the proclamation’s express DOJ example.
Government Mission or Contract
Federal, state, or local government operations, procurement, official programs, diplomatic commitments, emergency response, or public obligations may support relief.
Critical Infrastructure
Energy, communications, transportation, water, cybersecurity, manufacturing, defense, supply chains, or other essential systems may create a substantial U.S. interest.
Public Health and Medicine
Specialized medical treatment, clinical services, patient care, public-health work, medical research, caregiver necessity, or urgent health consequences may be relevant.
Investment and Economic Activity
Substantial capital, U.S. jobs, major contracts, factory operations, regulatory deadlines, financing, customer commitments, or significant economic loss may support a request.
Specialized Expertise
Unique technical knowledge, proprietary training, safety responsibility, critical certifications, or irreplaceable project history may establish why this person is necessary.
Science and Research
Government-funded research, critical technology, public-health science, energy, infrastructure, national laboratories, and other projects with an identifiable U.S. benefit.
Education With Broader Impact
A program may have national significance through government funding, critical workforce training, unique research, public service, or institutional obligations beyond personal study.
Family, Adoption, and Child Welfare
Adoption, urgent medical care, child safety, military-family needs, government-family readiness, or another family circumstance may support relief when tied to a concrete U.S. interest.
Business Travelers
How to Build a National-Interest Case for an Executive, Investor, or Specialist
Identify the U.S. Entity
Provide corporate formation, ownership, facilities, payroll, customers, government contracts, investors, and the entity’s current U.S. operations.
Define the Traveler’s Role
Explain decision-making authority, technical expertise, fiduciary duty, contract responsibility, investor role, proprietary knowledge, or emergency function.
Quantify U.S. Impact
Document job creation, payroll, investment, revenue, project value, taxes, production, penalties, supply disruption, customer harm, or regulatory consequences.
Prove In-Person Necessity
Explain why signatures, inspections, negotiations, training, installation, crisis management, board action, or site-specific work cannot be completed remotely.
Use Independent Support
Obtain detailed letters from customers, government agencies, project partners, investors, hospitals, regulators, or other U.S. institutions—not only the applicant’s company.
Confirm Permissible Activities
National-interest relief does not convert unauthorized employment into proper B-1 activity. The proposed activities must fit the requested visa classification.
The amount of money involved is not the only issue. A strong case connects the traveler’s physical presence to a documented U.S. outcome and explains why the trip cannot be performed by existing U.S. employees, another executive, or remote means.
Family and Humanitarian Requests
Personal Hardship Must Be Connected to the Available Authority
U.S. Citizen Spouse
Marriage alone is not a categorical exception under Proclamation 10998. Explain any broader U.S. interest, medical need, military or government role, child-welfare issue, or other individualized basis.
U.S. Citizen Child
Document health, developmental, educational, custody, safety, caregiver, and financial facts and explain why the applicant’s admission is necessary to protect the child in the United States.
Urgent Medical Treatment
Provide diagnosis, treating physician, proposed treatment, facility acceptance, timing, payment, availability abroad, prognosis, and consequences of delay.
Caregiver Necessity
Identify the patient, applicant’s role, unavailable alternatives, medical or disability needs, current care arrangement, and harm from continued separation.
Military and Government Families
Deployment, readiness, assignment, clearance, mission requirements, agency support, and impact on official duties can add a direct governmental dimension.
Adoption Cases
Continue the ordinary adoption and visa process. State guidance says qualifying children may be considered without a separate additional preliminary step.
Extreme hardship and national interest are different standards. Family hardship may support a statutory waiver if another inadmissibility ground exists, while the proclamation request must fit the discretionary national-interest authority.
Students and Researchers
How to Present an F, M, or J National-Interest Request
Program and Institution
Provide Form I-20 or DS-2019, admission, funding, assistantship, program description, institutional ranking only where relevant, and the exact start date.
Research or Training Objective
Explain the project, methods, public purpose, U.S. funding, government partner, laboratory, clinical work, or critical workforce need.
Individual Contribution
Document the applicant’s prior research, technical skills, language ability, data access, field expertise, publications, or unique role in the project.
Why Deferral Is Inadequate
Address grant periods, cohort structure, laboratory access, seasonal data, clinical rotations, funding expiration, immigration age limits, and institutional obligations.
Security and Export Controls
Technical cases should accurately describe the research, funding, technology, and access. Avoid minimizing a field that may trigger additional screening.
Institutional Letter
The university should explain the broader U.S. interest and why the applicant’s presence matters, not merely confirm admission or state that the student is talented.
Employment and Immigrant Cases
Petition Approval Does Not Establish National Interest by Itself
| Case | What approval proves | What the waiver request must add |
|---|---|---|
| H-1B | USCIS approved a specialty-occupation petition and beneficiary classification. | Why this worker’s physical entry now serves a concrete U.S. interest and cannot reasonably be delayed or replaced. |
| L-1 | USCIS approved qualifying organization, employment, and managerial, executive, or specialized-knowledge eligibility. | Why the U.S. operation, investment, launch, transfer of knowledge, or critical management function requires this beneficiary. |
| O-1 | The petition recognizes extraordinary ability or achievement and qualifying work. | Why the specific U.S. activities, project, research, production, or event serve a national interest beyond the beneficiary’s distinction. |
| E-2 | The applicant may qualify through treaty nationality, investment, ownership, control, and enterprise requirements. | U.S. capital, employees, operations, contracts, project timing, economic consequences, and the investor’s required presence. |
| Employment immigrant | An approved petition establishes the classification and offered or proposed employment under the petition standard. | Why immigrant entry now serves a U.S. national interest and how delay affects U.S. operations, public needs, or important projects. |
| EB-2 NIW | USCIS found the proposed endeavor and waiver of the job-offer and labor-certification requirements met the NIW standard. | Explain the current travel-ban issue and connect the applicant’s immediate entry to concrete present U.S. needs; NIW approval does not automatically grant a proclamation waiver. |
Legal Memorandum
Recommended Structure for the Waiver Submission
Identify the applicant and requested immigration action
State nationality, passports, visa classification, petition or program, responsible post or agency, proposed travel, dates, and requested decision.
Explain why the proclamation applies
Identify the designated country or travel document, relevant country section, visa classification, location on the effective date, and lack of a valid visa.
Address scope exclusions and categorical exceptions
Explain candidly why the applicant is not already outside the proclamation or categorically excepted, or present those arguments in the alternative when supported.
Identify the waiver authority
Cite section 6(d), 6(e), or 6(f), identify DOJ, State, or DHS, and explain why the requested agency is connected to the case.
Define the United States national interest
State the interest precisely, identify the affected U.S. institutions or persons, and support the claim with objective evidence.
Prove individual necessity and urgency
Explain the applicant’s role, why physical presence is required, why alternatives fail, the relevant deadline, and consequences of delay.
Establish separate visa eligibility
Address the visa classification, petition, intent requirements, documentation, inadmissibility, waivers, security processing, and any other issuance pause.
Request specific action
Ask for case-by-case national-interest consideration and identify whether the desired result is visa issuance, permission to seek admission, expedited action, or another authorized step.
Supporting Evidence
Exhibits That Can Strengthen the Request
Identity and Travel Documents
Passports, citizenship records, travel documents, birth records, aliases, visa copies, I-94 history, and proof of location on the effective date.
Visa and Petition Records
DS-160 or DS-260, confirmation page, petition, approval notice, Form I-20, Form DS-2019, NVC correspondence, refusal sheet, and CEAC records.
Government Support
Letters or records from prosecutors, agencies, courts, government contractors, public hospitals, public universities, regulators, or program officials.
Employer or Institutional Letter
A detailed statement from a knowledgeable senior official explaining the project, applicant’s role, U.S. impact, timing, alternatives, and requested travel.
Contracts and Project Evidence
Contracts, statements of work, schedules, purchase orders, project plans, penalties, customer commitments, regulatory milestones, and site records.
Economic Evidence
Investment records, payroll, jobs, tax payments, budgets, financial losses, facility costs, production impact, or other verifiable U.S. economic consequences.
Medical Evidence
Diagnosis, physician letter, treatment plan, appointment, facility acceptance, caregiver assessment, insurance, payment, and urgency.
Academic and Research Evidence
Grant, research plan, government funding, laboratory schedule, institutional letter, critical field, publications, and why the applicant’s role is unique.
Alternatives Analysis
Evidence showing why remote work, postponement, substitute personnel, another site, different visa category, or replacement applicant is inadequate.
Third-party evidence usually carries more weight than conclusory applicant statements. Each important factual proposition should be supported by a person or document with direct knowledge.
Separate Legal Barriers
What a Proclamation Waiver Does Not Resolve
INA §212(a) Inadmissibility
Fraud, criminal conduct, unlawful presence, prior removal, health, security, smuggling, public charge, and other grounds require separate analysis and relief.
INA §214(b)
A nonimmigrant applicant must still establish the requested classification and overcome immigrant-intent requirements where applicable.
INA §221(g)
Missing documents or administrative processing can continue after a national-interest exception is granted or considered.
Separate Immigrant-Visa Pause
An applicant may be affected by both Proclamation 10998 and a distinct Department of State issuance pause. Each restriction requires its own analysis.
Petition or Program Defect
An expired, revoked, or inaccurate petition, I-20, DS-2019, approval notice, labor certification, or relationship evidence remains defective.
CBP Admission
A visa and proclamation waiver allow travel to seek admission. CBP retains authority to inspect the traveler and determine admissibility.
Submission Timing
When Should the Waiver Request Be Prepared?
Before the Interview
Prepare the legal theory and evidence early enough for accurate DS answers, coordinated institutional support, and post submission where permitted.
At the Interview
The applicant should be ready to explain the purpose, role, national interest, timing, and evidence truthfully and concisely without overstating the legal conclusion.
After a §221(g) Request
Respond within the post’s instructions and preserve the general one-year period applicable to a §221(g) refusal based on missing documents.
After an Initial Proclamation Refusal
A reconsideration request may add omitted evidence, correct a legal or factual error, or present a materially stronger national-interest case.
Before Urgent Travel
Do not buy nonrefundable travel or leave the United States based on an assumed exception. Confirm the actual decision and all separate return requirements.
Before Eligibility Expires
Preserve petition validity, medical examination, adoption deadlines, age-out issues, Diversity Visa fiscal-year limits, program start dates, and visa availability.
Adoption Waivers
National-Interest Consideration for Children Being Adopted by Americans
Normal Process Continues
American families should continue the ordinary intercountry-adoption process, submit the child’s visa application, and attend the consular interview.
No Separate Extra Step
Department guidance states that the family does not need an additional separate preliminary step for case-by-case National Interest Exception consideration.
Proclamation and Separate Pause
The child may be affected by Proclamation 10998, the separate immigrant-visa pause, or both. State’s adoption guidance addresses national-interest relief in countries where issuance is limited or paused.
Complete Adoption Eligibility
The family must still satisfy Hague Convention or orphan-process requirements, USCIS approval, custody or adoption law, medical review, and visa documentation.
Child-Welfare Evidence
Provide age, health, care conditions, developmental needs, legal custody, placement, bonding, delay consequences, and adoptive-family readiness.
Preserve Deadlines
Track petition validity, suitability approval, Article 5/17 steps, local court action, medical validity, passport, and any age-based immigration requirement.
Common Weaknesses
Why Proclamation Waiver Requests May Fail
No Coverage Analysis
The request never explains why the person is covered, whether a valid-visa rule applies, or whether a categorical exception is stronger.
Generic National Interest
The applicant describes the profession, company, or family as important without identifying a specific U.S. objective affected by the travel.
No Individual Necessity
The evidence does not explain why another employee, relative, student, researcher, executive, or caregiver cannot perform the role.
Unsupported Urgency
The request asserts an emergency without dates, contracts, medical evidence, court schedules, program deadlines, or other objective proof.
Applicant Letter Only
No government agency, employer, hospital, school, customer, court, or other independent institution supports the asserted U.S. interest.
Wrong Immigration Category
The proposed activities do not fit the visa requested, or the petition and application describe different work, purpose, or duration.
Ignoring Adverse History
Prior refusals, arrests, immigration violations, inconsistent applications, CBP encounters, or security issues remain unaddressed.
Overly Long Submission
The decisive facts and requested action are buried in repetitive declarations, general country material, promotional documents, or legal discussion.
No Separate-Restriction Analysis
The applicant obtains or requests proclamation relief but remains blocked by another State Department policy or statutory inadmissibility ground.
After Denial or Inaction
What Can Be Done if the Waiver Is Not Granted?
Confirm the Case Status
Determine whether the waiver was denied, not reached, remains under review, or whether the visa was refused under another statute.
Obtain the Refusal Provision
Identify Proclamation 10998, INA §221(g), INA §214(b), an INA §212(a) ground, or multiple bases rather than assuming the waiver alone caused refusal.
Correct a Scope or Exception Error
Present proof of valid visa, LPR status, dual nationality, official classification, sporting role, SIV statute, or another objective exception.
Strengthen the National-Interest Record
Add direct institutional support, quantified impact, necessity, urgency, alternatives analysis, and clearer evidence of the applicant’s role.
Request Reconsideration
A concise submission may ask the responsible post or agency to reconsider overlooked facts, changed circumstances, new evidence, or legal error.
Use a Different Remedy
Consider statutory waiver, petition action, LegalNet, advisory review, record correction, reapplication, delayed travel, or litigation according to the actual barrier.
There is no general administrative appeal guaranteeing review of a discretionary proclamation waiver decision. Available options depend on the agency, posture, refusal basis, current procedures, and whether the challenge concerns legal error, delay, or discretion.
Litigation
Can a Federal Court Compel a Proclamation Waiver?
Discretionary Language
The proclamation states that the authorized official acts in his or her discretion, creating significant obstacles to any claim seeking to compel a favorable waiver decision.
No Enforceable Right Clause
The proclamation states that it does not create a substantive or procedural right or benefit enforceable against the United States or its officials.
Consular Nonreviewability
When the dispute concerns the merits of an individual consular visa refusal, the doctrine ordinarily sharply limits federal-court review.
Legal or Implementation Claims
A challenge to agency implementation, statutory authority, a general policy, or a failure to follow a mandatory procedure may present a different question from demanding an individual waiver.
Unreasonable Delay
APA or mandamus litigation may sometimes seek action on a legally required matter, but the plaintiff must establish reviewability and a discrete duty. A court generally cannot order approval.
Risk Analysis
Litigation can result in dismissal, mootness, a final refusal, limited disclosure, or agency action without a favorable visa outcome.
Frequently Asked Questions
Presidential Proclamation Waiver FAQ
What is a presidential proclamation waiver?
It is discretionary case-by-case relief from a presidential entry suspension. Under Proclamation 10998, an authorized DOJ, State Department, or DHS official may grant relief when the individual’s travel advances or serves a qualifying United States national interest.
Is a proclamation waiver the same as a National Interest Exception?
They refer to the same general discretionary relief in this context. The proclamation uses “case-by-case waivers,” while Department of State guidance commonly uses “National Interest Exception.”
Is Form I-601 used for a proclamation waiver?
No. Form I-601 addresses specified statutory grounds of inadmissibility. A Proclamation 10998 waiver is a separate national-interest process.
Who can approve the waiver?
The Attorney General, Secretary of State, and Secretary of Homeland Security—or their authorized designees—may approve case-by-case relief within the standards and coordination requirements stated in section 6.
Is there a proclamation waiver form?
There is no universal public standalone form for all cases. Visa applicants commonly present the request through consular processing, while DOJ- or DHS-controlled cases may use a different agency channel.
Can I apply before my visa interview?
Preparation should begin before the interview, but the submission method depends on the post’s current instructions. The applicant may present the request through the ordinary visa process where permitted.
What qualifies as a United States national interest?
The proclamation does not provide a complete checklist. Possible interests include DOJ proceedings, government operations, public health, critical infrastructure, major economic activity, scientific work, education with broader U.S. impact, adoption, and other documented national objectives.
Is family separation enough for a waiver?
Family hardship can be relevant but may not be enough by itself. The request should connect the travel to the national-interest authority and document why the applicant’s admission serves a concrete U.S. interest.
Can a business executive qualify?
Possibly. The request should prove the U.S. entity, project, investment, jobs, contracts, the executive’s necessary role, urgency, and why alternatives are inadequate.
Are adoption cases eligible?
Yes. State Department guidance says children being adopted by Americans can qualify and that families should continue the normal visa process without an additional separate preliminary step for case-by-case consideration.
Does a waiver guarantee the visa?
No. The applicant must still qualify for the visa, satisfy documentary and security requirements, overcome any inadmissibility ground, and obtain admission from CBP.
Can I appeal a denied proclamation waiver?
There is no general appeal process guaranteed by the proclamation. The available response may include reconsideration, stronger evidence, correction of a legal or factual error, a statutory waiver, reapplication, or another remedy based on the actual refusal.
Related Guides
Continue With the Guide Matching the Case
Presidential Proclamations
Current restrictions, INA §212(f), covered visas, exceptions, updates, and archived rules.
Proclamation Exceptions
Scope exclusions, categorical exceptions, official travelers, athletes, SIVs, and national interest.
Current U.S. Travel Restrictions
Country lists, visa classes, separate issuance pauses, visa bonds, and operational restrictions.
Travel Ban Lawyer
Coverage review, exception strategy, consular advocacy, layered restrictions, and travel risk.
Business Traveler Exception
Executives, investors, critical projects, contracts, jobs, necessity, and urgency.
Student Visa Restrictions
F, M, and J coverage, institutional evidence, research, start dates, and alternatives.
Family Immigrant Visa Restrictions
Spouses, children, parents, adoption, hardship, and national-interest review.
Employment Visa Restrictions
Temporary workers, employment immigrants, petition approval, and waiver strategy.
Inadmissibility Waivers
Form I-601, Form I-212, INA §212(d)(3), statutory eligibility, evidence, and discretion.
Consular Reconsideration
New evidence, legal error, changed facts, and requests for post-level review.
Legal Memorandum to Consulate
Issue framing, legal analysis, exhibit organization, proof, and requested action.
Consular Nonreviewability
Judicial-review limits, mandamus, delay claims, litigation risks, and alternatives.
Primary Authorities
Official Proclamation and Department of State Sources
National Proclamation Waiver and Visa Counsel
Present an Individualized National-Interest Case Through the Correct Agency Channel
A strong request confirms coverage, eliminates stronger scope or categorical arguments, identifies the authorized decision maker, defines a concrete U.S. interest, proves why this person’s presence is necessary now, and addresses every separate visa and inadmissibility issue. The submission should be concise, documented, and prepared before an irreversible filing or travel decision.
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