DOS Expands Interview Waiver Eligibility
On December 23, 2021, the Department of State (DOS) announced the expansion of the interview waiver program for certain types of nonimmigrant visas. Specifically, applicants for an H-1, H-3, H-4, L, O, P, or Q visa, and their dependents, may be eligible for a waiver of the visa interview under the following circumstances:
- They are applying for a visa in their country of nationality or residence;
- They are applying based on an individual petition approved by USCIS;
- They have been previously issued any type of US visa;
- They have never been refused a US visa unless such refusal was overcome or waived; and
- They have no apparent ineligibility or potential ineligibility.
First-time visa applicants applying for an H-1, H-3, H-4, L, O, P, or Q visa may also be eligible for an interview waiver under the following circumstances:
- They are applying for a visa in their country of nationality or residence;
- They are applying based on an individual petition approved by USCIS;
- They are citizens or nationals of a country that participates in the Visa Waiver Program (VWP);
- They have no apparent ineligibility or potential ineligibility; and
- They have previously traveled to the US using an authorization obtained via the Electronic System for Travel Authorization (ESTA).
DOS has also extended previously approved policies allowing interview waivers for certain students, professors, research scholars, short-term scholars, or specialists (F, M, and academic J visa applicants) through the end of 2022. Those previously eligible for a waiver based on citizenship or nationality of a VWP participating country must have previously traveled to the US using ESTA to qualify. Applicants must also be applying in their country of nationality or residence.
Finally, applicants applying to renew any type of visa which has expired within the previous 48 months are eligible for an interview waiver.
Notwithstanding the above, interview waiver eligibility remains under the discretion of consular officers, subject to consular resources and local government restrictions, and applicants may be required to attend an interview upon request. Further, applicants must be present in the country in which they are applying for the visa, regardless of whether the interview has been waived.
Should you have additional questions, please contact your attorney.