State Department Extends Nonimmigrant Visa Interview Waiver Program Through 2023

The U.S. State Department’s visa interview waiver program for certain temporary workers, students, and exchange visitors has been extended to December 31, 2023. The separate interview waiver program for certain applicants renewing a visa in the same category within 48 months of expiration remains in effect on an indefinite basis. U.S. consulates are not required to implement these interview waiver policies but may do so as local conditions and resources allow.

The issue

The State Department, in consultation with the Department of Homeland Security, has announced a one-year extension of its nonimmigrant visa interview waiver program for certain temporary workers, students, and exchange visitors, through December 31, 2023. The program was scheduled to expire on December 31, 2022.

In addition, under a separate program that remains in effect until further notice, consular officers remain authorized to waive in-person interviews for individuals applying for a nonimmigrant visa in the same classification if the individual’s previous visa expired within the last 48 months.

U.S. consular posts are permitted to adopt interview waiver policies at their discretion; they are not compelled to implement these policies. U.S. consular websites should be consulted to determine whether and to what extent a particular post is implementing an interview waiver program.

A closer look

Under the program extension, U.S. consular officers are authorized through December 31, 2023 to waive the in-person interview requirement for certain individual petition-based H-1, H-3, H-4, L, O, P, and Q visa applicants, and F, M, and academic J visa applicants. The following criteria apply to these visa types in order to qualify for an interview waiver:

• Foreign nationals must apply in their country of nationality or residence; and
• Foreign nationals must meet all of the criteria in one of the following two categories:
  • Previously issued any type of visa. Applicants who were previously issued any type of visa may qualify if:
    • They have never been refused a visa, unless such refusal was overcome or waived; and
    • They have no apparent ineligibility or potential ineligibility to obtaining a visa.

• First-time applicants.First time applicants who are citizens or nationals of a country that participates in the Visa Waiver Program (VWP), provided they:
  • Have no apparent ineligibility or potential ineligibility to obtaining a visa; and
  • Have previously traveled to the United States under the VWP using ESTA.

Previous authority for the interview waiver of certain H-2 workers has also been extended to December 31, 2023.

In addition, consular officers remain authorized to waive the in-person interview requirement for individuals applying for any type of nonimmigrant visa in the same classification, whose visa expired within 48 months. This authority is available to consulates on an indefinite basis. Under the standard pre-COVID program, only applicants renewing nonimmigrant visas that expired within the past 12 months were eligible for an interview waiver.

In all cases, even if a consular post implements the interview waiver program and an applicant meets the above requirements, consular officers may deem it necessary to refer the applicant for an interview after reviewing the visa application. For this reason, foreign nationals should build flexibility into their visa application plans.

What this means

Because U.S. consulates are not required to implement the new 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.