Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.
On February 18, 2025, the U.S. Department of State superseded and updated its previously issued December 2023 post-COVID guidance on non-immigrant interview waiver applications. Under the revised guidance, Important Update on Waivers of the Interview Requirement for Certain Nonimmigrant Visa Applicants, only applicants who still have a valid visa or previously held a visa in the same category that expired 12 months prior to the new application will be eligible to apply for the interview waiver. This is a substantial change from previous guidance that allowed up to 48 months expiration.
The revised criteria also require that applicants apply in their country of nationality and/or residence, have never been refused a visa (unless refusal was overcome or waived) and not be subject to any other ground of ineligibility. This is an apparent restrictive shift from the previous rule, under which nonimmigrant visa applicants were eligible for an interview waiver processing if they held an approved nonimmigrant visa in any category that had expired within the last 48 months.
The guidance further provides that Consular officers may still require in-person interviews on a case-by-case basis depending on local conditions, and requests that applicants check the embassy websites prior to submission of the waiver application. Applicants who do not meet the above criteria will be required to appear for an in-person interview.
Other provisions in the guidance include the eligibility to submit interview waiver applications for individuals applying for certain diplomatic and official-type visas.
It is anticipated that the change in the eligibility criteria will likely increase the wait times for in-person visa appointments at U.S. Consulates worldwide given the most recent executive order, Protecting The United States From Foreign Terrorists And Other National Security And Public Safety Threats, requiring enhanced security screenings and vetting of foreign nationals applying for U.S. visas.
Considering the revised Department of State policy, applicants who require new visa stamps are strongly encouraged to plan their travel well in advance and to visit the websites of the U.S. Consulate of their respective countries to be informed about the requirements and processes.