A blog about U.S. immigration matters by Paul Szeto, a former INS attorney and an experienced immigration lawyer. We serve clients in all U.S. states and overseas countries. (All information is not legal advice and is subject to change without prior notice.)

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Showing posts with label Interview Waiver Program. Show all posts
Showing posts with label Interview Waiver Program. Show all posts

Tuesday, July 29, 2025

Drastic Narrowing of Visa Interview Waivers by State Department

 



On 07/25/2025, the U.S. Department of State (DOS) released an update that drastically tightens eligibility for nonimmigrant visa interview waivers, effective 09/02/2025. This policy supersedes the previous 02/18/2025 guidance, and marks a major shift away from the more flexible interview waiver practices adopted during and after the COVID-19 pandemic.

Major Changes:

Most nonimmigrant visa applicants for H-1B, L1, E1, E2, F, etc., including minors under 14 and seniors over 79, who were previously exempt, will now generally be required to appear in person for an interview with a consular officer.

Only the following narrow groups of applicants will qualify for an interview waiver after 09/02/2025, including:

1. Certain Diplomatic and Official Visa Categories: A-1, A-2, C-3 (excluding attendants or servants), G-1 through G-4, NATO-1 to NATO-6, and TECRO E-1
2. Diplomatic or Official-Type Visa Applicants
3. B-1/B-2/B1-B2 or Border Crossing Card Renewals (Mexican Nationals): Applicants renewing a full-validity visa or card within 12 months of expiration and who:
  • Were at least 18 years old when the prior visa was issued
  • Apply from their country of nationality or residence
  • Have never been refused a visa (unless refusal was overcome or waived)
  • Have no apparent or potential ineligibility
Note: Even if an applicant qualifies under the above categories, consular officers may still require an in-person interview at their discretion.  Embassy-specific procedures vary.  Applicants should consult the relevant U.S. embassy or consulate website for local processing rules and service availability.

Impact on Nonimmigrant Visa Applicants:

Applicants for nonimmigrant visas such as H-1B, L1A, L1B, E1, E2, F1, F2, etc., should expect longer wait times and increased demand for visa interview appointments. Applicants renewing H, L, F, M, and J visas who previously qualified for the "Dropbox" program will now be subject to interviews, unless covered by one of the narrow exceptions above. Even children and elderly applicants will likely face interview requirements.

Impact on Employers and Universities:

The new policy will have direct impact on U.S. universities and colleges and also employers. They should anticipate delays in onboarding foreign workers and students needing visa stamps abroad.  They should advise employees and workers on timely scheduling of consular appointments and preparation for interview-based adjudication. 

Final Note:

If you're planning to renew a visa, especially a B-1/B-2 or Border Crossing Card, act quickly before the September 2 deadline to benefit from the current, more lenient waiver policies.   For all others, prepare for interviews — and consult an immigration attorney to determine eligibility and strategy.


(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  


Monday, January 15, 2024

Nonimmigrant Visa Interview Waivers Extended Indefinitely

 



Effective January 1, 2024, the U.S. Department of State announced that it will extend the current non-immigrant visa interview waivers indefinitely until further notice.  


GENERAL NON-IMMIGRANT VISA WAIVERS

Specifically, interviews are waived for these two categories of visa applicants:

1)  First time H-2 visa applicants (temporary agricultural and non-agricultural workers); and

2) Other nonimmigrant visa applicants applying for any nonimmigrant visa classification who:

  • Were previously issued a nonimmigrant visa in any classification, unless the only prior issued visa was a B visa; and
  • Are applying within 48 months of their most recent nonimmigrant visa’s expiration date.

This policy will be reviewed annually and is currently put in place until further notice. 


SAME CLASSIFICATION VISA RENEWAL WAIVERS

Additionally, applicants renewing a non-immigrant visa in the same classification within 48 months of the prior visa’s expiration date continue to be eligible for interview waiver until further notice.  This includes the B visa. 


GENERAL REQUIREMENTS

In general, to be eligible for an interview waiver, applicants must also meet certain criteria:

1) They must apply in their country of nationality or residence.

2) They have never been refused a visa (unless such refusal was overcome or waived).

3) They have no apparent or potential ineligibility.


Finally, The State Department emphasizes that in-person interviews may still be required on a case-by-case basis or because of local conditions.  Applicants should confirm with their local U.S.Embassy or Consulate regarding their eligibility. 


(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  



Sunday, January 19, 2014

Visa Interview Waiver Program Becomes Permanent

To improve the efficiency of the non-immigrant visa (NIV) application process, and to foster economic activities, the U.S. government introduced a two-year pilot program in January 2012 to waive interviews for certain types of NIV applications.  The program has been made permanent recently by the Department of State, as reported by AILA.  

Under this interview waiver program, consular officers can waive the interview for visa applicants whose previous visas in the same classification expired within the last 12 months.  Applicants must apply for their new visas in the district of their residence.  Further, interviews can also waived for applicants whose previous visas expired between 12 and 48 months ago, unless they are applying for E, H, L, P or R visas.

For example, a foreigner whose B-1 business visa expired one year ago may apply for a new B1 visa in his country of residence without interviews.  However, if the same person decides to apply for an H-1B employment visa, then he will be interviewed.

First time Brazilian visa applicants who are either younger than 16 or older than 65 are also eligible for interview waivers.

American consulates in India further expanded the program to include children applying before their 14th birthday traveling on any visa class; students returning to the U.S. to attend the same school and same program; applicants of H-1B visa applicants; and individual applicants of L1-A or L1-B visas.

In China, where economic development is red-hot, the interview waiver program has also been adopted to facilitate travel of Chinese nationals to the United States.  Consular officers in China may waive interviews for previous holders of B (business/pleasure), C1 (transit), D (crewmembers), F (students), J (exchange visitors), M (nonacademic students), and O (visitors with extraordinary ability) visas when they apply for visa renewals if their previous visas expired with the last 48 months.

In 2011, more than one million non-immigrant visa applications were processed in mainland China with more than 880,000 visas issued.  In 2012, about 1.2 million non-immigrant visas were issued in China, with about 475K visas issued in Beijing, 391K issued in Shanghai, 224K in Guangzhou, 59K in Shenyang, and 54K in Chengdu.  The substantial increase in visa approvals from 2011 to 2012 can be attributed largely to the interview waiver program.

The interview waiver program improves the efficiency of the consulate offices by freeing up visa appointments for first-time visa applicants. For example, the interview waiver program in China was used to free up about 100,000 appointment slots for first-time travelers.  As China's economy takes off, more Chinese citizens are expected to visit foreign countries for personal and business reasons.

Unlike first-time visa applicants, frequent travelers are less likely to overstay their visa status or otherwise violate the U.S.  immigration laws.  Most of them are business travelers or tourists whose presence in the U.S. is crucial to promote the cultural and economic interests of both countries.  Hence, it is reasonable to waive interviews for them.

In spite of the permanency of the interview waiver program, the State Department also makes it clear that consular officers are still obligated to interview applicants for national security reasons or quality control purposes.  Therefore, foreign visitors must always be ready to produce evidence to prove the legitimacy of their travel, and, whenever appropriate, their lack of immigrant intent.



Thursday, November 22, 2012

U.S. Mission in India Expands Interview Waiver Program


"In March of 2012, the United States Mission to India unveiled the Interview Waiver Program (IWP) which allows qualified individuals to apply for additional classes of visas without being interviewed in person by a U.S. consular officer.  Following the success of the IWP, as part of continuing efforts to streamline the visa process, and to meet increased visa demand in India,  the U.S. Mission is pleased to announce an expansion of the IWP.  We expect this expansion to benefit thousands of visa applicants in India.

Under the current Interview Waiver Program, Indian visa applicants who are renewing visas that are still valid or expired within the past 48 months may submit their applications for consideration for streamlined processing, including waiver of a personal interview, within the following visa categories:
  • Business/Tourism (B1 and/or B2);
  • Dependent (J2, H4, L2)
  • Transit (C) and/or Crew Member (D) - including C1/D.
  • Children applying before their 7th birthday traveling on any visa class
  • Applicants applying on or after their 80th birthday traveling on any visa class
Under the expanded program, the following Indian applicants may also be considered for streamlined processing:
  • Children applying before their 14th birthday traveling on any visa class
  • Students returning to attend the same school and same program
    Temporary workers on H1-B visas
  • Temporary workers on Individual L1-A or Individual L1-B visas
The renewal application must be within the same classification as the previous visa. If the previous visa is annotated with the words “clearance received,” that applicant is not eligible for a waiver of a personal interview.
Not all applications will be accepted for streamlined processing.  As always, consular officers may interview any visa applicant in any category.  Applicants who are renewing their visas may still need to make an appointment for biometrics (fingerprint and photograph) collection, and all applicants must submit all required fees and the DS-160 application form.
This initiative is one of many steps the Department of State is taking to meet increased visa demand in India.  In 2011, consular officers in India processed nearly 700,000 nonimmigrant visa applications, an increase of more than 11 percent over the previous year.  Presently, applicants wait fewer than ten days for visa interview appointments and spend less than one hour at U.S. consular facilities in India.  In September 2012, the U.S. Diplomatic Mission to India implemented a new visa processing system throughout India that further standardizes procedures and simplifies fee payment and appointment scheduling through a new website at www.ustraveldocs.com/in.
For more details about procedures for submitting a renewal application, please see http://www.ustraveldocs.com/in/in-niv-visarenew.asp."
(Source: http://newdelhi.usembassy.gov New Delhi | November 19, 2012)