On December 21, 2023, the U.S. Department of State announced the expansion of consular officer authority to waive interviews for certain nonimmigrant visa applicants.

When nonimmigrant visa applicants are applying for a visa to enter the United States, the final step in the visa process is to attend a visa interview before a consular officer. Depending on the location of the consular office and the type of visa, an applicant may have to wait for months to get an interview.

Effective January 1, 2024, consular officers now have the authority and discretion to waive the in-person interview for the following visa applicants:

• First time H-2 visa applicants (temporary agricultural and non-agricultural workers); and
• 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-1/B-2 (visitor) visa; and
  • Are applying within 48 months of their most recent nonimmigrant visa’s expiration date.

This means that a nonimmigrant visa applicant, who is applying for a different visa classification, is eligible for an interview waiver unless their only prior issued visa was a B-1/B-2 (visitor) visa.  For example, someone previously granted an F-1 student visa could qualify for an interview waiver when applying for an H-1B visa within 48 months of the expiration of the student visa.

Applicants renewing a nonimmigrant visa in the same classification within 48 months of the prior visa’s expiration date continue to be eligible for an interview waiver.

To be eligible for an interview waiver, visa applicants must meet the following criteria:

• They must apply in their country of nationality or residence;
• They must have never been refused a visa (unless such refusal was overcome or waived);
• They must have no apparent or potential grounds for ineligibility.

Even if a visa applicant is eligible for an interview waiver, consular officers may still require an in-person interview on a case-by-case basis or based on local conditions of the embassy and consulate. Therefore, it is essential that visa applicants check embassy and consulate websites for more detailed information on visa application requirements and procedures and operating status.

Nilan Johnson Lewis will continue to monitor developments and provide updates regarding interview waivers for nonimmigrant visa applicants.