Immigration

Background

Most applicants applying for a U.S. nonimmigrant visa at a US Consulate or Embassy require an in-person interview with a consular officer as part of the application process unless the applicant is eligible to waiver the interview (i.e., children under 14 years old or adults over 80 years old do not require an interview). Due to significant visa appointment backlogs stemming from the COVID-19 pandemic at US Consulates and Embassies, the Dept. of State had expanded interview waiver eligibility, most notably for applicants renewing their nonimmigrant visa. Applicants renewing their visa that had expired less than 48 months prior to the new application were eligible to waiver the interview and instead could submit their application with their passport by mail (while physically inside the country where they apply) to obtain the new visa. This policy change allowed US Consulates and Embassies to work through their backlogs and maintain adequate visa appointment availability.

Current Policy

On February 18, 2025, the Dept. of State updated eligibility for waiver of the interview requirement. Specifically, the following categories are eligible to waiver the interview:

• 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 prior to 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.

Consular officers may still require in-person interviews on a case-by-case basis or because of local conditions. Additional information can be found at the Department of State’s website: https://travel.state.gov/content/travel/en/News/visas-news/interview-waiver-update-feb-18-2025.html

The main change to the interview waiver eligibility that impacts most applicants is the change for visa renewal applicants that their prior visa (1) must be in the same category and (2) their visa has expired less than 12 months from the new application rather than 48 months. The narrowing criteria means that fewer people will be eligible to waiver the interview requirement, which could in turn lead to longer visa appointment wait times for all visa categories. In particular, because of the high volume of visa applicants at the US Consulates in India that relies heavily on the “dropbox” or mail-in procedure, appointment availability may become significantly backlogged in the near term in India as more people require an interview.

Planning Ahead

Because of the change to the interview waiver eligibility, it is important for foreign nationals looking to apply for a U.S. visa or renew a U.S. visa to plan ahead and schedule an interview at a US Consulate or Embassy well in advance of any planned travel to ensure you can secure an interview date if required. It is especially important to plan ahead for the summer months when appointment availability can be more limited due to the greater demand of applicants traveling abroad.

If you would like to learn more, please contact the Pryor Cashman attorney you work with or one of the attorneys in our Immigration Practice.

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Associate Evan Hey was a contributing author to this client alert.