Nonimmigrant Visa Interview Waiver Program Receives One Year Extension

By: Gladys Gervacio and Carmen Lopez

Introduction

The United States Department of State has extended the nonimmigrant visa interview waiver program, formerly set to end on December 31, 2022. The program will now expire on December 31, 2023.

Qualifying for an Interview Waiver

The nonimmigrant visa interview waiver is available for certain petition-based H-1, H-2, H-3, H-4, L, O, P, and Q applicants, as well as certain student applicants, including F, M, and academic J visas. To qualify, foreign nationals should apply in their country of nationality or country of residence and meet all the applicable requirements.

Individuals who have previously been issued any type of visa may qualify for a waiver if:

• • They are not barred from receiving a visa; and
• • They have never been denied a visa.
  • If the previously rejected visa was later overturned, an applicant may still be eligible for an interview waiver.

Individuals applying to the visa program for the first time may qualify for a interview waiver if:

• • The country they are applying from uses the Visa Waiver Program (VWP); and
• • The individual has used the VWP, and by extension the Electronic System for Travel Authorization (ESTA), to travel to the United States prior to applying for the visa; and
• • They are not barred from receiving a visa.

Consular Officers Waiving Interviews on Renewals

This extension will not affect the current policy authorizing consular officers to waive interviews for certain individuals applying for renewals of a nonimmigrant visa. In order to qualify for this type of interview waiver, an individual must apply for a visa under the same classification and their previous visa must have expired during the previous 48 months of the renewal application. 

The policy concerning consular officers waiving interviews for nonimmigrant visa applicants is currently ongoing and will remain unaffected unless further action is taken.

Conclusion

United States consulates and embassies apply policy at their discretion; therefore, it is essential to check with the consular post in advance and clarify which policies they are executing. Consular officers will judge applicants on a case-by-case basis; therefore, it is possible an individual who meets all the requirements will still be denied an interview waiver. For help applying for a nonimmigrant visa, or questions regarding the new policy, contact your trusted Chugh, LLP immigration professional.