Department of State Greatly Expands Interview Waivers

In an attempt to deal with the large ongoing backlog at US consulates abroad, the US Department of State has announced an expansion of interview waivers – granting of nonimmigrant visa stamps by US consulates without the applicant first being interviewed at the US consular post.

The new policy is for those applying for H-1, H-3, H-4, L, O, P, and Q visas – all temporary work visas. The application must be made in the applicant’s country of nationality or residence to be eligible, and the individual must not have previously been refused a visa (unless that refusal had been overcome or waived). There must be no apparent visa ineligibility or potential ineligibility to be able to use this program.

While the applicant need not have had an earlier visa stamp of the same type as the one for which they are now applying, they do generally need to have been approved in the past for some type of nonimmigrant visa stamp.

The sole exception, allowing individuals applying for their first visa stamp to applying for interview waiver, is where the individual applying is a citizen or national of a Visa Waiver Program participant country (one where the citizens or nationals of that country normally need not apply for a B-1/B-2 visitor stamp before coming to the US) and where the individual has previously been approved under the ESTA system and has traveled to the US.

Interview waivers had previously only been available to certain H-2 applicants and to those who already had an earlier work visa expired no more than two years in the past and were now renewing that visa.