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.)  

Applying for a U.S. Visa

"How do I apply for a U.S. visa?"  This is one of the most common questions that I get as an immigration lawyer.  It is a simple enough question.  And yet the answer is anything but simple.  Folks who ask this question assume that there is a standard set of steps one can take to get a visa.  The reality is far more complex than a simple recipe for success.  

The current U.S. immigration laws are the product of a convoluted web of statutes, regulations, case laws, agency memos and policies, etc., all brewed together over many decades, fueled by political and economical influences.  The rules are highly complex and confusing.  This article is intended to only provide some basic information about the U.S. visa system.  To evaluate an applicant's eligibility for a U.S. visa, a comprehensive analysis of the applicant's personal information and background is needed. 

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Identify the Right Visa to Apply

The first step is to identify the type of visa to apply. There are two main types of U.S. visas, non-immigrant and immigrant.  Non-immigrant visas are for temporary stays or short-term visits in the U.S. For examples, B1 visa is for business travel; B2 visa is for pleasure; F1 is for academic studies; K1 is for fiances of U.S. citizens; H1B is for professional workers; L-1 is for international company transferees; R1 is for religious workers; etc. Non-immigrant visas generally require proof that the stay in the U.S. is temporary. Each visa category has its specific legal requirements. Immigrant visas are issued to foreigners who intend to live in America as permanent residents. The majority of immigrant visas are based on either family relationship or employment opportunities.

Non-immigrant Visas

Generally speaking, non-immigrant visas are processed by an overseas American Consulate.  Processing times depend on the type of visas and volume of cases at a particular U.S. Consulate.  One must fill out the DS160 form and provide the proper supporting documentation. For example, F1 visa requires the student to provide evidence of academic qualifications, financial support and strong ties to the home country.  Visa refusal rates vary, depending on the type of visas,  applicant's background, and location of the consulate office.  After receiving a denial, an applicant may reapply again if s/he can overcome the reason for denial.

Immigrant Visas

Applying for an immigrant visa is a much longer and complicated process. Obtaining an immigrant visa allows the holder to obtain a green card upon entering the U.S.  As mentioned,  a foreigner can generally apply for an immigrant visa based on a recognized family relationship or an offer of employment in America.

Under the current policy (which may change under the Trump Administration), an American citizen may petition for her spouse, children, parents and siblings to immigrate to the U.S.  A U.S. green card holder may petition for his spouse, minor children and unmarried adult children to come to the U.S.  Processing times vary for different countries and visa categories.

Alternatively, a U.S. employer may also sponsor a foreigner to work in the U.S. permanently.  The legal requirements are quite complicated, emphasizing protection of the rights of American workers.  One may also petition for a green card based on his/her exceptional or outstanding abilities, knowledge, education, talents and other background.  A thorough analysis of the applicant's qualifications by an experienced immigration attorney is required if one wishes to pursue this route.  For most immigrant visa categories, the processing times are determined by the monthly Visa Bulletin published by the U.S. State Department.

Applying From Within the U.S.

If a foreign national is already legally present in the U.S., it is possible for the person to apply to change to another status or even for a green card without leaving the U.S.  For example, one may apply for adjustment of status to become a lawful permanent resident within the U.S.  However, one must first meet all legal requirements.  Generally speaking, one must maintain his/her immigration status in the U.S. by all means.  Actions taken by a foreigner in violation of his/her visa status - such as overstaying without authorization or working illegally - will have serious consequences including cancellation of visa status,  deportation and bar from returning to the U.S.

Conclusion

Applying for a U.S. visa is like navigating a maze of rules and regulations, and U.S. immigration laws and policies change constantly.  For example, the Trump Administration just proposed a merit-based immigration system that emphasizes immigrants' qualifications and skills.  At the same time, the Administration intends to cancel the Diversity Visa Program (visa lottery) and greatly reduce the number of immigrant visas based on family relationship.  Although it is unlikely that this plan will be adopted by Congress in its entirety, it illustrates the importance of having the most updated information.

In conclusion, to increase the chance of obtaining a U.S. visa, one must be equipped with the most updated information, sufficient evidence and proper legal advice.  

Can a visitor travel to Canada or Mexico with a U.S. B-1 or B-2 visa?

Many foreign visitors entered the United States with a temporary Visitor Visa such as B-1 and B-2 visa. The B-1 visa is issued to visitors who come here for business reasons such as attending a convention, meeting a customer, negotiating a contract, etc.  The B-2 visa is issued to visitors who visit the U.S. for personal reasons such as sightseeing, visiting relatives, etc.  While they are in the United States, many visitors are also interested in visiting the adjacent countries such as Canada and Mexico.  At the same time, they also wonder if they could re-enter the United States after such visits.

Fortunately, the current U.S. immigration policy makes it very convenient for visitors to travel to Canada and Mexico with a valid B-1 or B-1 visa.  Generally speaking, a B-1 or B-2 visitor is allowed to visit Canada or Mexico for up to 30 days and re-enter the U.S.  One requirement is that the visitor must return to the U.S. before the end of the authorized period of stay as noted in the Form I-94.  The Form I-94 is issued when a foreign visitor enters the U.S. It used to be issued as a white paper form to visitors at the port of entry. Beginning April 30, 2013, the paper version of the I-94 form was replaced by an online version.

For instance, if you came to the U.S. on June 10 on a B-1 Visitor Visa, and was authorized to stay until December 10 in the Form I-94.  You then decided to visit Canada or Mexico.  You applied for a visa to enter these countries (note: visitors from many countries may enter Mexico without a visa) on November 10. Although these countries may allow you to stay for more than 30 days, you must return and depart the U.S. on or before December 10 to avoid "overstaying" your B-1 visa status.  

The process of allowing certain holders of U.S. nonimmigrant visas to return is called "automatic revalidation" of visa.  In the above situation, if the visitor would like to stay longer in the U.S. or an adjacent country, he or she may apply for an extension of his / her B-1 status with the U.S. Citizenship and Immigration Services. But such application should be submitted as early as possible.

However, it should be noted that nationals of Iran, Syria, Sudan and Cuba with expired or single-entry visas are not eligible for automatic revalidation.

It is also important to note that automatic revalidation only applies to temporary travel to the adjacent countries of the U.S.  If you travel to other countries such as England or Brazil, then return to the U.S., your entry will be considered a "new entry".   What are the differences? Well, basically the immigration officers of the Customs and Border Patrol (CBP) will scrutinize your entry more rigorously.  More questions will be asked. For example, you may be required to present evidence that you have an intention to return to your country of citizenship.  Further, if you committed a crime or performed other illegal acts while you were away, you would likely be denied re-entry.

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.

165 million nonimmigrant admissions to the U.S. in 2012

Every day, there are tens of thousands of visitors who arrive at the United States by land, by plane or by sea. Some of them are returning legal residents, but most of them are foreigners who come here for pleasure, temporary stays, business transactions, temporary employment, studies, and other legitimate purposes. These visitors' background is as diverse as the countries where they come from.  Due to national security reasons, all visitors are subject to screening at the border or a port of entry before they are allowed to enter the U.S. A good understanding of the characteristics and profiles of foreign visitors can promote tourism and facilitate business activities.

During 2012 alone, there were an estimated 165 million nonimmigrant admissions to the United States, according to a recent report by the Department of Homeland Security. There are three main types of admissions to the United States.  The first type of admissions are Canadians who come here for personal or business reasons.  Secondly, we have Mexican nationals who come here with Border Crossing Cards, which allow them to enter the U.S. temporarily for pleasure or business.

The third type of visitors are classified as I-94 admissions.  Until recently, these visitors were issued an I-94 form with their name, birthday, citizenship, and date and port of entry on it.  I-94 admissions represent 33 % (53.9  million) of the total admissions.  Most of the I-94 admissions were temporary visitors for pleasure (78%) and business (10.6%).   5.7 percent of them were temporary workers and their family members. The leading temporary workers include TN NAFTA professional workers (1.4%), H-1B workers (0.9%) and L-1 intracompany transferees (0.9%).  3.1 percent were students.

In terms of country of origin, the top countries in 2012 are Mexico (16 million or 30.5%), United Kingdom (4.4 million, 8.3%), Japan (4.1 million, 7.7%), Germany (2.3 million, 4.3%), France (1.9 million, 3.6%), Brazil (1.7 million, 3.3%), China (1.7 million, 3.3%), South Korea (1.5 million, 2.8%), Canada (1.4 million, 2.7%), Australia (1.3 million, 2.5%).

The top ports of entry are New York, NY (10.7%), Miami, FL (9.5%), Los Angeles, CA (7.2%), Newark, NJ (3.9%), San Ysidro, CA (3.9%), Honolulu, HI (3.5%) , San Francisco, CA (3.5%), Chicago, IL (3.0%), Houston, TX (2.6%), and Atlanta, GA (2.6%).

The top ten final destinations of these I-94 visitors are: California (18.9%), Florida (13.4%), Texas (12.7%), New York (11.9%), Hawaii (3.7%), Nevada (3.3%), Arizona (3.2%), Washington (2.3%), Michigan (2.2%), and Illinois (1.9%).

There are slightly more men (51.6%) than women (47.5%) who visited the U.S. as I-94 visitors.  In terms of age, most of them are between the age of 25 to 44 (43%), and 11.3% of them are children under 18.

New Improved Application Process for U.S. Visas in China

A new visa application system will be implemented in China starting on March 16, 2013 to streamline and improve all aspects of the nonimmigrant visa application process for Chinese citizens.  Under this new system, visa applicants will only pay a single visa fee of USD$160 and no other additional costs.  Visa applicants will also be able to apply, make payments, make visa appointments, and check status online.  The new system is part of the U.S. Embassy’s plan to continually improve service to Chinese visa applicants.  More than 1.34 million nonimmigrant visa applicants were processed in 2012 in China, representing a 34% increase from 2011.  These include business visas (B1), tourist visas (B2), student visas (F-1), vocational study visas (M-1), exchange visitor visas (J-1), etc.   The main changes in the application process are summarized in the following table:

New Process for U.S. Visa Applications in China
	Before March 16, 2013	After March 16, 2013
Fees:	3 fees: 1) Appointment – 54 RMB or 36 RMB; 2) Visa processing fee – USD$160;  3) Postage – around 32 RMB	Only 1 fee: USD$160
Appointments:	Appointments can be made by phoning our new Call Center	Appointments can be made online by yourself or by phoning our new Call Center
Ways to Pay:	Payment of $160 can only be done at CITIC Bank	Three ways to pay – 1) Online – via debit or credit card 2) At any CITIC ATM through Union Pay 3) In cash at CITIC Bank
Questions:	Pay to inquire for visa information with the Call Center	Visa questions are answered for free when you phone the Call Center
Rescheduling Appointments:	If you have to cancel your appointment, you will need to pay for another appointment	No need to pay to make another appointment if the first one is missed; can reschedule for free.
Picking up Passports:	No way of tracking your passport after visa is issued	Applicant will receive e-mail notification when passport is ready for pick-up. Can also check online

As of February 14, 2013, the number of days for scheduling B1/B2 and F/M/J visa appointments are as follows:  5 days for Beijing, Guangzhou, Shanghai ad Shenyang; 11 days for Chengu.  

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) 

H1B Visa Cap Update

  FY 2013 H-1B Cap Count - as released by USCIS

Cap Type	Cap Amount	Cap Eligible Petitions	Date of Last Count
H-1B Regular Cap	65,000	29,200	04/27/2012
H-1B Master’s Degree Exemption	20,000	12,300	04/27/2012

American Embassy in Mexico: New Visa Application Procedures

The following information has recently been posted in the website of the America Embassy in Mexico City, Mexico:

New Visa Procedures

Beginning January 10, 2011, the U.S. Embassy and Consulates will process visas differently. Under the new procedures, most applicants will go to Applicant Service Centers (ASCs) prior to their consular section interview. The ASC staff will collect the applicant’s biometric information that will be reviewed by the consular section prior to the applicant’s interview. ASCs will be located in buildings separate from the U.S. Embassy and Consulates.

Memo on requirements of Agents and Sponsors for the O and P Visa Classifications

The USCIS clarifies the requirements for agents and sponsors filing as petitioners for the O and P visa classifications in a memorandum dated November 20, 2009. This memo provides guidance for multiple O and P petitions filed by the same agent acting on behalf of more than one employer or petitioner. It also discusses the qualifications of the sponsoring organization (petitioner) for a P visa classification.

In general, the O visa is similar to the Eb-1A immigrant visa classification in that it is available to foreigners who have "extraordinary ability" in the sciences, arts, education, business or athletics, or in the motion picture and television field. Examples of O visa applicants include singers, actors, and performers with international acclaim, Oscar-winning movie directors, and Nobel prize winners. The O visa is for non-immigrant stay in the U.S. Only a U.S. employer or a U.S. agent may file an O petition. A foreigner employer may file an O petition only through a U.S. agent. The P visa is issued to non-immigrants who are internationally recognized athletes (either individually or as part of a team) or a member of an internationally recognized entertainment group. The P petition may only be filed by a U.S. employer, a U.S. sponsoring organization, a U.S. agent; or a foreign employer through a U.S. agent. Examples of P visa athletes include Olympians, member of the National Hockey League (NHL), participants in the Association of Tennis Professionals (ATP), members of the Major League Soccer (MLS), professional swimmers, etc.

This memo clarifies that each employer of an O or P non-immigrant must file a separate petition with the USCIS. For applications involving multiple employers filed by the same agent who are "in the business as an agent" for both the employer and beneficiary, there are specific requirements. First, the supporting documentation must include a complete itinerary of the events or services or engagements in which the beneficiary will participate. Further, the itinerary must specify the details of the engagement including the names, addresses of the actual employers, the names and addresses of the establishments, venues, or locations where the events will take place. Third, the engagement contracts between each of the employer and the beneficiary must also submitted. Finally the agent must also explain the terms and conditions of the employment and provide any related documentation.

An employer may also act as the agent. If the employer also represents other employers, it is not required that the employer normally acts an agent for other employers so long as it establishes that it is authorized to act as an agent for other employers and the beneficiary. Duly executed documents and contracts may be submitted as documentary evidence. The USCIS will approve an O or P petition for a certain period of time only. The duration or period of validity for the petition depends on the evidence submitted, not to exceed the maximum allowable validity period for the P or O visa classification.

Under the P visa classification, there is a difference between a U.S. employer and a U.S. sponsoring organization. A U.S. sponsoring organization (not an employer) can qualify as a petitioner if it can provide evidence that it guarantees the terms and conditions of employment of the beneficiary in the U.S. For example, a contract between it and the beneficiary specifying the compensation, the details of the events, and other details, may be sufficient. A U.S. sponsor is not a direct employer of the beneficiary and it must indicates that it is filing as a sponsor in the P petition. It is important to note that the O petition may not be filed by a U.S. sponsoring organization under the current regulations.

New On-line Non-Immigrant Visa Form DS-160

The United States Department of State published the new Form DS-160 for application of nonimmigrant visas. The new form incorporates all of the current NIV forms (DS-156, 157, 158, 156K, 3032, and parts of the E visa application) into one online, interactive format. It also allows applicants to upload a photo. The DS-160 will be submitted electronically to the Department of State via the Internet. U.S. Consular Officers from overseas countries will use the information entered on the DS-160 to process the visa application. Using the DS-160 and a personal interview, Consular Officers will determine an applicant’s eligibility for a nonimmigrant visa. The new form covers most of the nonimmigrant visas such as F-1 student, B-1 business, B-2 tourist, H-1B employment, L-1 intercompany transferees.

Selected ountries are using the new form: Currently, the new DS-160 form is used by selected U.S. Embassy and Consulate locations only. When the computer system is ready more applications, the form will gradually be used by more overseas locations. The following overseas locations are already using the DS-160: Australia (Melbourne, Perth, and Sydney), Bermuda (Hamilton), Canada (Montreal and Vancouver), Hong Kong, Ireland (Dublin), Libya (Tripoli), Mexico, Montenegro (Podgorica).

How to complete the new form: It should be noted that the form must be answered in English only. Applications that are submitted in any other language may be denied. Most fields on the DS-160 are mandatory. “Optional” field can be left blank. If that field does not apply to you, you may mark the box next to “Does Not Apply” if it is available. All mandatory fields must be completed or an error message will appear. Incomplete forms will be rejected.

Saving the application: The new online form allows user to save their entries. You can either save it temporarily by clicking the “Save” button at the bottom center of the application. If you don’t, the system will “time out” approximately 20 minutes after the application has been idle, and you will lose your data. If you want to save your application permanently, select the “Save Application to File” button and then click the “Save” button on the File Download window. You will have an option to browse your computer to select a location to save your application. Once the download is complete you can select “Close” to return to the application. If you would like to use the saved information, you should push the “Import Application Date” option on the “Getting Started” page to upload the data that you have already saved.

Upload the applicant’s photo: The online form DS-160 has very strict requirements about the size and quality of digital photo to upload. Follow the requirements closely to avoid rejection. After you submitted the application, you will get a confirmation page. If the confirmation page has an "X" in the photo box, that means that the photo upload failed. You will need to submit one printed passport photograph with the online DS-160 confirmation page to the State Department. If the confirmation page shows a photo

For the visa interview: For the nonimmigrant visa interview, you do not need to bring the entire DS-160 application. The confirmation page is all that is needed to retrieve your application data. You must bring the confirmation page with you during all phases of the application process. Without the confirmation page, it may not be possible to access your application and process your visa case.

Family members / Dependents: After you completed your own visa application online, you will get a “Thank you” page. You will also see an option to create a family or group application. This option allows part of your information to be imported to your family members’ applications. Each individual family who is traveling with you to the U.S. is required to complete his or her own form. Check the information of each family member carefully. Correct any mistakes if necessary.

Additional forms: When you are applying for an nonimmigrant visa at a U.S. Embassy or Consulate that is using the new DS-160, you only need to complete one form. The older forms such as DS-156, DS-157, DS-158, etc., will no longer be needed. The only exception is the Treaty Trader/Treaty Investor visa application, which will require additional forms.

Conclusion: The new online form DS-160 will make it simpler for foreigners to apply for nonimmigrant visa such as student visa and tourist visa to enter the U.S. Before the new DS-160 form is pushed out to all U.S. Embassies and Consulate Officers, check with the U.S. Consulate Officer that you are applying at to confirm whether it is using the old paper forms or new online form.