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Immigration News Alert
Updated Visa Interview Waiver Criteria: Immediate Changes and Effects
Welcome to the U.S. immigration news briefing from Corporate Immigration Partners, PC (CIP PC). The team is here to provide the latest updates on policy changes affecting corporate immigration. The Department of State revised visa interview waiver eligibility criteria, limiting it to applicants renewing the same visa category within 12 months of expiration.
Department of State Restricts Visa Interview Waiver Eligibility
Earlier this week, on February 18th, 2025, the Department of State finally published an interview waiver update, more than a week after Consular Websites started publishing changes in interview waiver requirements. This update supersedes the Interview Waiver Update of December 21st, 2023.
The update confirms what we had previously seen on consular websites, marking an immediate change in how nonimmigrant visa holders can renew their visas at consulates abroad. The State Department notes that Consular officers have the authority and discretion to waive-in-person interviews for the following categories:
- Applicants classifiable under the visa symbols A-1, A-2, C-3 (except attendants, servants, or personal employees of accredited officials), G-1, G-2, G-3, G-4, NATO-1 through NATO-6, or TECRO E-1;
- Applicants for diplomatic- or official-type visas; and
- Applicants who previously held a visa in the same category that expired less than 12 months before the new application.
To be eligible for an interview waiver, applicants must also meet certain criteria, including that they:
- 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.
In sum, an Applicant such as an H-1B holder renewing a visa in the same category (same nonimmigrant classification) as their previously issued visa is eligible for an interview waiver, provided the visa expired within the last 12 months and that they don’t have any other apparent or potential ineligibility.
Reports from Visa Application Centers: Reports are circulating that Visa Application Centers are already turning away applicants who previously qualified under the relaxed criteria and do not meet the updated requirements.
Changes to the Interview Waiver Eligibility
To reduce backlogs in visa appointment availability throughout U.S. Embassies and Consulates abroad following the COVID-19 pandemic, the Department of State relaxed interview waiver criteria to allow individuals in many circumstances to qualify for a waiver of the in-person nonimmigrant visa interview even if they were applying for a visa in a new category.
For example – someone who previously held an F-1 student visa could be eligible for an interview waiver when applying for an H-1B visa. Additionally, an interview waiver was available if the previously issued visa expired within the last 48 months.
This week’s update restricts interview waivers to individuals renewing a visa in the same category as their prior visa, which must not have expired more than 12 months ago.
What should applicants do if they are already scheduled to drop off documents based on the prior interview waiver standards?
Individuals should review whether they will qualify under the new standards. To determine your eligibility under the new requirements, please review the questions below:
- Are applicants renewing a visa in the same category (e.g., did their previous visa stamp get issued in the H-1B category, and are they applying for a new H-1B visa stamp)?
And
- Is their previously issued visa still valid, or if it expired, did it expire within the last 12 months?
And
- Are they applying within their country of nationality?
And
- Have they ever received a previous visa refusal?
And
- Are there any other aspects that make them ineligible for a visa?
Next Steps for Applicants Meeting Criteria
If applicants’ responses to all questions are yes, then they should still qualify for the interview waiver and be able to retain their current appointment at a Visa Application Center to drop off their documents.
Next Steps for Applicants Not Meeting Criteria
If applicants do not meet the updated criteria, they no longer qualify for the interview waiver and should NOT rely on previously confirmed eligibility. Instead, they should promptly cancel their interview waiver document drop-off appointment and schedule an in-person interview at the U.S. Embassy or Consulate.
Instructions for Rescheduling in India and Other Countries
India has instructed individuals who no longer qualify under the new standards to cancel their Visa Application Center (VAC) appointment by selecting “Close/Start Application” within their profile and scheduling the required biometric and consular appointment. As long as applicants have not previously rescheduled, the visa fee should apply to the new appointment. Review their websites for appointments scheduled in other countries to determine if similar steps can be taken. Appointment scheduling portals vary by Consulate.
Travel Disruption
This change may disrupt previously planned international travel. Securing an in-person appointment during your previously planned dates may not be possible. Ensure you can secure an in-person appointment before departing the U.S. and consider rescheduling travel depending on appointment availability.
Impact on Future Visa Appointment Scheduling
The restriction of the interview waiver program will increase demand for in-person visa appointments at U.S. embassies and Consulates abroad. The increased demand will likely cause longer wait times for visa interview scheduling, especially in high-volume locations like India.
Applicants requiring visa stamping to re-enter the U.S. must plan ahead. Additionally, applicants should only book travel once they have confirmed they can schedule a visa stamping appointment.
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Envoy is pleased to provide you with this information, which was prepared in collaboration with Corporate Immigration Partners, P.C., a U.S. law firm who provides services through the Envoy Platform (the “U.S. Law Firm”).
Content in this publication is for informational purposes only and not intended as legal advice, nor should it be relied on as such. Envoy Global is not a law firm, and does not provide legal advice. If you would like guidance on how this information may impact your particular situation and you are a client of the U.S. Law Firm, consult your attorney. If you are not a client of the U.S. Law Firm working with Envoy, consult another qualified professional. This website does not create an attorney-client relationship with the U.S. Law Firm.