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United States: Nonimmigrant Visa Interview Waiver Program Is Restricted at U.S. Consular Posts Abroad

February 13, 2025

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  • United StatesUnited States

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At a glance

  • The State Department appears to be restricting eligibility for nonimmigrant interview waivers at U.S. consular posts abroad, reverting to narrower pre-COVID-era eligibility criteria.
  • Nonimmigrant visa applicants are eligible for an interview waiver at participating posts if they are renewing a visa in the same category and if their prior visa expired within the last 12 months or is still valid, among other program criteria. Previously, those with a visa in the same classification that had expired within the preceding 48 months could qualify for an interview waiver, among other flexibilities.
  • Visa applicants who do not meet the narrower interview waiver program criteria will be required to attend an in-person interview at a U.S. consulate to apply for their visa.
  • It is not known how consular posts will treat interview waiver visa applications that are currently pending for adjudication.

The issue

According to various consular websites, U.S. consulates have implemented a roll-back of the expanded nonimmigrant visa (NIV) interview waiver (IW) program criteria that has been in place since the COVID pandemic. Without having issued any public announcement, it appears that the State Department has reversed course on the scope of the IW program, reverting to pre-COVID eligibility requirements. This means that, moving forward, in order to qualify for the interview waiver program and forgo an in-person interview at a U.S. consulate, an NIV applicant must meet the following criteria, in addition to other general program requirements:

  • Be applying for a visa in the same NIV classification as their prior visa; and
  • Prior visa must have expired within the last 12 months or still be valid.

This change considerably narrows interview waiver eligibility because the expanded program permitted interview waiver for applicants whose prior visa in the same classification had expired within 48 months and, in some cases, permitted interview waiver for applicants applying for a visa classification for the very first time. Those criteria appear to no longer be in effect.

Under both versions of the IW program, interview waiver visa applicants are required to apply in their country of nationality or residence, and only qualify for IW if they have never been refused a visa (unless the refusal was overcome or waived) and have no apparent or potential ineligibility.

Impact on nonimmigrant visa applicants

Nonimmigrant visa applicants who do not meet the newly narrowed IW criteria will be required to schedule an in-person interview at a U.S. consulate to apply for their visa. There have already been reports that some applicants with scheduled IW appointments have been turned away and told to schedule in-person interview appointments instead.

It is not known how U.S. consular posts will treat visa applications that are currently pending for adjudication under the IW program and are outside of the narrower program criteria noted above.

Looking ahead

Foreign nationals who do not meet the narrower, pre-COVID-era standard for interview waiver should plan to appear for an in-person interview at a U.S. consulate abroad to obtain their next visa. This may require careful advance travel planning, as the availability of in-person visa appointments varies widely depending on consular post and visa type, and the new IW eligibility criteria are expected to increase appointment wait times for in-person appointments.

The steps for rescheduling appointments are also likely to vary widely between consulates, so applicants should carefully review instructions for their specific consulate to ensure they are following the correct rescheduling process. Further, as a result of the IW program change, all visa applicants should anticipate decreased appointment availability at U.S. consular posts that offer interview waiver as these posts absorb an increased volume of in-person interviews in the coming weeks and months.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

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