On December 21, 2023, the U.S. Department of State (DOS) announced a revised visa interview waiver policy for certain eligible nonimmigrant visa applicants that is broader in some respects and more limiting in others than the policy that expired December 31, 2023.
The new policy is effective January 1, 2024 and will be in place "until further notice." That means it does not have a set expiration date as have the prior policies, but DOS does plan to review the policy with DHS on an annual basis.
The prior visa interview waiver policy covered first-time F, M, J, H, L, O, P, and Q nonimmigrant visa applicants who were previously issued any type of nonimmigrant visa, even if that prior visa expired more than 48 months ago, as well as applicants who were citizens of a Visa Waiver Program (VWP) country and had previously traveled to the United States in WB or WT status on an ESTA authorization.
The December 21, 2023 DOS visa interview waiver policy replaces this visa-specific approach to cover applicants "applying for any nonimmigrant visa classification," but it also adds the following restrictions:
Prior entry under the VWP under ESTA or having been issued a B visa will not be recognized as a basis for eligibility; and
The prior nonimmigrant visa that is the basis for eligibility cannot have expired more than 48 months ago.
The December 21, 2023 DOS visa interview waiver policy continues the ongoing policy that provides "applicants renewing a nonimmigrant visa in the same classification within 48 months of the prior visa’s expiration date continue to be eligible for interview waiver until further notice."
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).
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.
To understand how the revised policy may impact your travel plans, please contact us.