US Department of State Expands Consular Authority for Nonimmigrant Visa Interview Waivers

Seal of the US Department of State

On December 21, 2023, the US Department of State (DOS) announced that it had consulted with the US Department Homeland Security and determined that several categories of interview waivers are in the national interest. As of January 1, 2024, consular officers at US Embassies and Consulates will have discretion to waive the in-person interview for:

• First time H-2 visa applicants (temporary agricultural and nonagricultural 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 visa; and

• • Are applying within 48 months of their most recent nonimmigrant visa’s expiration date.

It is important to note that it is in the discretion for a US visa application interview to be waived and Consular Officers may still require in-person interviews on a case-by-case basis or because of local conditions. DOS encourages applicants to check embassy and consulate websites.

What does this mean for your US visa application?

This change in policy could eliminate a step in your US temporary work visa application process. Please contact our office if you wish to know if you could qualify for an interview waiver at a US consular post.

Details:

DOS notice (Dec. 21, 2023).

This is posting is for informational purposes and is not intended as legal advice. If you require further assistance or advice relating to the above, please contact our Principal Lawyer, Janice Flynn at janice@flynnhodkinson.com.