Discretionary Waiver of Interview for Certain Nonimmigrant Visa Applicants

Fox Rothschild LLP
Contact

Fox Rothschild LLP

The US State Department (DOS) has authorized a discretionary waiver of the in-person interview requirement for certain nonimmigrant visa applicants through December 31, 2022.  Those eligible for a possible waiver of the in-person interview are H-1, H-3, H-4, L, O, P and Q visa applicants who:

  • Have an individual petition approval from USCIS
  • Apply for a visa in their country of nationality or residence
  • Were previously issued any type of visa (and were never refused a visa unless the refusal was overcome or waived), and
  • Have no apparent ineligibility or potential ineligibility

OR

  • Are first-time individual petition-based H-1, H-3, H-4, L, O, P or Q applicants
  • Are citizens or nationals of a Visa Waiver Program (VWP) country
  • Have no apparent ineligibility or potential ineligibility
  • Have previously travelled to the US under ESTA (Electronic System for Travel Authorization).

DOS has also extended through December 31, 2022 its policy for discretionary waivers of in-person visa interviews for certain students, professors, research scholars, short-term scholars, and specialists (F, M and academic J visa applicants).  Note that this waiver extension now requires a person who is eligible for the interview waiver as a citizen or national of a VWP country to have previously travelled to the US under ESTA.

In addition, DOS extended the discretionary in-person interview waiver for H-2 applicants and those renewing any visa within 48 months of expiration.

Visa applicants should be sure to check the US embassy or consulate website where they wish to schedule for information on applying for a visa without an interview.  It’s important to keep in mind that the consular officers have discretion to grant the interview waiver—or not.

The DOS announcement was made on December 23, 2021.

[View source.]

Written by:

Fox Rothschild LLP
Contact
more
less

Fox Rothschild LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide