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.

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. State Department Creates Visitor Visa Bond Pilot Program (Nov. 24, 2020)

Prospective tourists and visitors from more than 20 countries, mostly in Africa, could pay as much as a $15,000 bond to obtain a U.S. visa under a new rule from the Trump administration. On November 24, 2020, the U.S. Department of State published a Temporary Final Rule creating a six-month pilot program under which applicants for B-1/B-2 visas from countries with overstay rates of ten percent or higher and who have been approved by the Department of Homeland Security for an inadmissibility waiver may be required to post a bond as a condition of visa issuance. Under the pilot program, which starts December 24, 2020 and runs through June 24, 2021, U.S. consular officials could require applicants for B-1 and B-2 visas who hail from the selected countries to pay a $5,000, $10,000 or $15,000 bond.

Of the 23 countries subject to the new rules, 15 are African. They are Angola, Burkina Faso, Burundi, Cabo Verde, Chad, Democratic Republic of the Congo, Djibouti, Eritrea, the Gambia, Guinea-Bissau, Liberia, Libya, Mauritania, Sao Tome and Principe and Sudan. Visa-seekers from Afghanistan, Bhutan, Burma, Iran, Laos, Papua New Guinea, Syria and Yemen could also be required to pay the bonds. Visa-holders who post bonds are entitled to a full refund, along with accrued interest, if they fully comply with the terms of their stay in the U.S.