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.

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.

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.