State Department Expands Visa Interview Waivers to Reduce Visa Backlog
On December 23, 2021, the State Department (DOS) announced that consular officers may waive visa interviews for an expanded range of applicants through the end of calendar year 2022. In the past, consular officers could only waive interview requirements where the applicant had been previously granted a visa in the same classification. Under the new temporary policy, the interview may now be waived for applicants who have previously been granted a US visa in any classification, as well as for applicants who have previously entered the US under the “ESTA” visa waiver program.
The policy only applies to the following visa types:
H-1B visas for workers in Specialty Occupations;
H-3 visas for Trainee or Special Education Visitors;
L-1 visas for Intracompany Transferees (except L-1s filed under the blanket program);
O-1 visas for Individuals with Extraordinary Ability or Achievement;
P visas for Artists and Entertainers;
Q visas for Participants in International Cultural Exchange Programs;
H-2 visas for Temporary Agricultural and Non-agricultural Workers;
F and M visas for Students; and
J visas for Student Exchange Visitors (does not include interns, trainees, or most other J-1 categories).
The new appointment waiver policy is discretionary, and applicants who have previously been refused a visa may not qualify. As with all interview waivers, consular officers may request an in-person interview if additional information is required from applicants.
Visa Interview Waivers in India
The U.S. Embassy in India indicates that it will release more than 20,000 additional interview waiver (“drop box”) appointments for Spring 2022 in the coming days to allow qualified applicants to apply under the new expanded interview waiver policy. It is anticipated that other embassy websites will be updated in the coming days to reflect how visa applicants may take advantage of the new policy as well.
How this Affects Our Clients
The DOS’ policy will provide a welcome benefit to our clients by safely and efficiently reducing visa appointment wait times. The announcement is particularly good news for applicants from India, where wait times for visa interview appointments have exceeded several months. The new policy is expected to reduce these wait times significantly in the first quarter of this year.