State Department Extends and Expands Nonimmigrant Visa Interview Waiver Eligibility

The State Department has announced that its prior expansion of nonimmigrant visa interview waivers, which was set to expire on December 31, 2021, has been extended through the end of 2022 and will be expanded. The expanded interview waiver requirements will apply to applicants for H-1, H-3, H-4, L, O, P, and Q visa stamps who are:

  1. Applying for a visa in their country of nationality or residence;

  2. Who have previously been issued any type of visa;

  3. Who have never been refused a visa unless such refusal was overcome or waived; and

  4. Who have no apparent ineligibility or potential ineligibility for a nonimmigrant visa.

In addition, the expansion of visa interview waivers now also includes first-time visa applicants for petition-based H-1, H-3, H-4, L, O, P, and Q visas who meet the following criteria:

  1. Who are citizens or nationals of a country that participates in the Visa Waiver Program (VWP);

  2. Who have previously traveled to the U.S. on VWP using an authorization obtained via the Electronic System for Travel Authorization (ESTA); and

  3. Who have no apparent ineligibility or potential ineligibility for a nonimmigrant visa.

In addition, the previously approved policies to waiver interviews for certain professors, research scholars, short-term scholars, or specialists applying for F, J, or M visas has been extended through the end of 2022 and amended to include the above-listed eligibility criteria.

The State Department has also extended the previously-granted authority for Consular Officers to waive interviews for certain H-2 visa applicants to the end of 2022.

Finally, applicants renewing any visa within 48 months of expiration are also eligible for interview waiver consideration.

It is important to note that the State Department has granted Consular Officers discretion to waive the in person interviews for individuals who meet the above criteria. However, each Consular Post retains discretion with respect to how these waivers can be requested and under what circumstances it will grant interview waivers. As such, eligibility for an interview waiver does not guarantee that one will be granted in any specific case.