United States: State Department Announces Extension and Expansion of the Nonimmigrant Visa Interview Waiver Program

Under the revised program, U.S. consular officers are authorized to waive the in-person interview requirement for:

1. First-time H-2 visa applicants; and
2. Other nonimmigrant visa applicants applying for any nonimmigrant visa classification who:
   • Were previously issued a nonimmigrant visa in any classification, unless the only prior issued visa was a B visitor visa; and
   • Are applying within 48 months of their most recent nonimmigrant visa’s expiration date.

Previously, the program was limited to certain applicants for F, M, and J student and exchange visitor visas, and petition-based H-1, H-3, H-4, L, O, P and Q visas, as well as certain H-2 visas.  It was open to first-time applicants for student, exchange visitor, and certain employment-based nonimmigrant visas who were nationals or citizens of Visa Waiver Program countries, but this specific category of eligibility is being removed as of January 1, 2024.

To be eligible for an interview waiver, applicants must:

• Apply in their country of nationality or residence;
• Have never been refused a visa (unless such refusal was overcome or waived); and
• Have no apparent or potential ineligibility.

Because U.S. consulates are not required to implement the interview waiver policies, actual implementation of the program will depend on each local consulate. Applicants are encouraged to review the website of the relevant U.S. embassy or consulate for detailed information on currently available services, as well as eligibility information and instructions on applying for a visa without an interview.

Fragomen continues to closely monitor consular and travel-related developments and will issue follow-up alerts as appropriate.