Program opens Jan. 29 for renewal of visas granted by Mission Canada and Mission India.
DOS Announces Revised Visa Interview Waiver Policy
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.
State Pilots Digital Visa Program at U.S. Embassy Dublin
DOS Announces Expiration of COVID-Era Visa Application Fee Receipts; Appointments Must Be Scheduled by 9/30
On September 1, 2023, the U.S. Department of State announced that all receipts for Machine-Readable Visa (MRV) fees issued before October 1, 2022, will expire on September 30, 2023. Per State, there will be no further extensions of fee validity.
This means that visa applicants must schedule an appointment or submit an interview waiver application before September 30, 2023 to avoid paying a new fee. Note! The interview itself does not need to take place before September 30, but an appointment must be made in the system, even if the event is scheduled months in the future.
State cautions applicants against attempting to change appointment dates after October 1, 2023, because doing so will result in forfeiture of both the original appointment slot and the MRV fee. The applicant would be required to pay a new fee and submit a new application package.
U.S. Department of State Raises Visa Processing Fees Effective May 30
A new regulation from the U.S. Department of State (DOS) will raise key visa processing fees, effective May 30, 2023. For example, the Machine Readable Visa (MRV) fee for F-1, J-1, and other non-petition-based visas rises 15.6 percent, from $160 to $185, and the MRV fee for petition-based categories, such as H-1B and O visas, rises 7.9 percent, from $190 to $$205. The final rule, published on March 28, 2023, raised most visa and border crossing card fees, but not as much as in the proposed rule, and the rule does maintain the current INA 212(e) 2-year home residence waiver application fee at $120.
Bloomberg News Reports State Department Plans Pilot for Domestic Visa Renewal
Bloomberg News reported on February 9, 2023, that the U.S. State Department will launch a pilot program later this year offering visa renewal options in the US for H-1B specialty occupation workers and other temporary visa holders who are currently required to travel abroad.
Reestablishing the practice of stateside visa renewals, which were discontinued in 2004, will save those applicants from having to leave the country, and will reduce the workload of consular offices abroad, Julie Stufft, deputy assistant secretary for visa services in the Bureau of Consular Affairs, told Bloomberg Law in an interview.
A stateside renewal process would be immensely beneficial for beneficiaries impacted by numerous consular closures and months-long wait times for visa interviews.
Dep't of State Extends Interview Waivers for Certain Nonimmigrants
On December 23, 2022, the Department of State announced it would extend its policy to waive in-person interviews for certain nonimmigrant applicants (F, H-1, H-2, H-3, H-4, J, L, M, O, P and Q) through December 31, 2023. Applicants whose nonimmigrant visa (of any type) expired within 48 months are eligible when applying in their country of nationality or residence. DOS expanded its interview waiver policy in response to severe delays caused by consular closures due to COVID-19. Travelers are encouraged to review the website of the nearest U.S. embassy or consulate for detailed information on what services are currently available as well as eligibility information and instructions on applying for a visa without an interview.
U.S. Mission to China Temporarily Suspends Visa Services Due to COVID-19 Surge
The U.S. Mission China announced on December 15, 2022, that due to operational impacts caused by the surge of COVID-19 infections across China, all routine visa services at the U.S. embassy and consulates in China are temporarily suspended.
Specifically:
U.S. Embassy Beijing and U.S. Consulate General Shanghai are providing passport and emergency citizen services only.
U.S. Consulates General Wuhan, Shenyang, and Guangzhou will only be providing emergency consular services until further notice.
The announcement stated that some visa appointments previously scheduled at U.S. Consulate General Shanghai will be preserved, but all other nonimmigrant visa and immigrant visa appointments at the embassy and consulates in China have been canceled. Applicants will be contacted if their visa appointment is impacted.
Per Mission China, they are advising nonimmigrant visa applicants to reschedule their appointments for a later date by following the instructions at https://www.ustraveldocs.com/cn/cn-niv-visaapply.asp. Immigrant visa applicants with questions are advised to contact the IV unit through its online form found here: https://china.usembassy-china.org.cn/visas/immigrant-visas/immigrant-visa-unit-question/.
There is no indication of when visa services will resume.
Nonimmigrant Visa Interview Waiver Authorization Expanded and Extended
On December 23, 2021, the Secretary of State extended through the end of 2022 existing policy guidance for visa interview waivers for certain nonimmigrant visa (NIV) applicants (with minor modifications) and expanded the authorization to include additional categories of NIV applicants, as follows:
Categories NEWLY eligible for discretionary Visa Interview Waiver consideration (H-1, H-3, H-4, L, O, P, and Q):
Consular officers were given the discretionary authority to waive the visa interview requirement for individual petition-based H-1, H-3, H-4, L, O, P, and Q applicants who were previously issued any type of visa and:
who have never been refused a visa unless such refusal was overcome/waived; and
who have no apparent ineligibility or potential ineligibility.
Consular officers also have the discretion to waive the visa interview requirement for first- time individual petition-based H-1, H-3, H-4, L, O, P, and Q applicants who:
are citizens or nationals of a country that participates in the Visa Waiver Program (VWP), provided:
they have no apparent ineligibility or potential ineligibility; and
have previously traveled to the United States using an authorization obtained via the Electronic System for Travel Authorization (ESTA).
Categories with EXTENDED eligibility for discretionary Visa Interview Waiver consideration (F, M, J (academic) and H-2) through the end of 2022:
Previously approved policies authorizing consular officers to waive the visa interview requirement for F, M, academic J, and H-2 visa applicants have been extended (with minor modifications). The current policies for F, M, and academic J visa applicants are as follows:
Consular officers have the discretion to waive the visa interview requirement for F, M, and academic J Visa applicants who:
were previously issued any type of visa and:
who have never been refused a visa, unless that refusal was subsequently overcome or a waiver of ineligibility was obtained; and
for whom there is no indication of potential visa misuse or ineligibility;
or
are first-time F, M, and academic J visa applicants who/whose:
are citizens or nationals of Visa Waiver Program (VWP) participating countries;
have no prior ESTA denials;
have previously traveled to the United States using an authorization obtained via ESTA to qualify;
visa applications reveal no derogatory or potentially derogatory information; and
have no indication of potential visa misuse or ineligibility.
Certain H-2 (temporary agricultural and non-agricultural workers) applicants also remain eligible through the end of 2022 under previous authority allowing for waiver of interviews, as do applicants renewing any visa within 48 months of expiration.
How to Apply for an Interview Waiver:
As these waivers are to be granted individually at the discretion of local DOS consular officers, applicants are advised to check the website of the relevant U.S. embassy or consulate to confirm the level of services currently offered and to find guidelines for applying for a visa without an interview.
Note: To be considered for an interview waiver, an applicant must be applying for a visa at a U.S. consular office in their country of nationality or residence.
DOS Revises FAM Provisions on International Students' Ties to Their Home Countries
On December 20, 2021, the U.S. Department of State (DOS) updated the Foreign Affairs Manual (FAM), which governs DOS operations and is used by consular officers in determining visa eligibility, to restore helpful guidance related to students seeking to study in the U.S. While acknowledging that F-1 or M-1 students must possess a foreign residence that they have no intention of abandoning and must have the present intention to depart the U.S. upon completion of their studies, the new guidance recognizes that young students do not typically have the strong ties to their home countries (e.g., family, property, employment, etc.) that is typical of other temporary visa applicants. The revisions should help deter denials of student visas by consular officers based on speculative conclusions about applicants’ future plans and possible immigrant intent.