New Interview Waiver Eligibility Requirements

By: Ujwala Bagal

The United States Department of State (DOS) recently updated the eligibility requirements for certain nonimmigrant visa interview waivers. This policy update will override the interview waiver update that was released on December 21, 2023. 

Eligibility Requirements

In order to qualify for an interview waiver, applicants need to meet certain eligibility requirements. For example, applicants must apply in their country of nationality or residence. Additionally, waivers will not be granted to individuals who have a blatant or probable ineligibility or have been refused a visa before. Although, if that visa refusal was later waived or otherwise overturned, they may still qualify for an interview waiver.

Impacted Categories

Following the update outlined in the Immigration and Nationality Act section 222(h), consular officers retain the power to waive in-person interview requirements for additional categories, including:

• A-1, A-2, C-3

o  Certain applicants, such as attendants, servants, and some other personal employees of accredited officials do not qualify for the waiver.

• G-1, G-2, G-3, G-4, NATO-1 through NATO-6, TECRO E-1
• Diplomatic or Official-type visa applicants
• Certain individuals who have formerly held visas in the same visa category, if that visa expired within 12 months of the new application.

Conclusion

In some cases, consular offices may require in-person interviews. The Chugh, LLP immigration team will continue to monitor eligibility requirements and provide updates as they become available. Additionally, certain consular offices will have their own requirements. Therefore, it is essential for applicants to stay up to date with their embassy or consular office’s rules. To learn more about nonimmigrant visa interviews, interview waivers, or case-specific questions, please contact your trusted Chugh, LLP immigration attorneys.