Since 2020, the Visa Interview Waiver Program provided a welcome measure of predictability for both visa applicants and U.S. employers.
Originally expanded in response to the COVID-19 pandemic, the waiver allowed many nonimmigrant visa holders to apply for and/or renew their visas without the need for an in-person interview.
However, the Department of State (DOS) announced in late July it would be significantly scaling back the Interview Waiver Program as of Sept. 2, 2025.
Who will need a visa interview under the new policy?
When the new policy takes effect Sept. 2, 2025, most foreign nationals applying for nonimmigrant visas will need to complete a visa interview at a U.S. embassy or consulate.
This includes most work visa classifications including the E-1, E-2, F-1, H-1B, J-1, L-1, and O-1 categories, as well as foreign nationals who are younger than 14 and older than 79, who were previously not required to complete an in-person interview.
Who can receive an interview waiver under the new policy?
There is still a select group of foreign nationals who can receive an interview waiver, including:
- Most foreign nationals applying for an A-1, A-2, C-3, G-1, G-2, G-3, G-4, NATO-1 through NATO-6, or TECRO E-1
- Those applying for "diplomatic- or official-type visas"
- Foreign nationals seeking a renewal of a B-1, B-2, B1/B2 visa or a Border Crossing Card/Foil (for Mexican nationals) provided they:
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- Are applying within 12 months of their last visa's expiration
- Were at least 18 when their last visa was issued
- Apply in their "country of nationality or residence"
- Have never been refused a visa
- Have no "apparent or potential ineligibility"
It is important to note that even foreign nationals who meet one of the above criteria may still be required to complete a visa interview on a case-by-case basis, according to the DOS.
What effect will this new policy have?
The new policy is expected to cause longer appointment backlogs and processing delays at most U.S. embassies and consulates across the globe.
Applicants, as well as their employers when applicable, should plan for longer wait times to receive visas and plan accordingly. Anyone who could be impacted by the new policy or the expected resultant backlogs should consult with experienced immigration counsel to discuss their options.
The attorneys at Garfinkel Immigration Law Firm continue to monitor the situation closely and will advise clients if any new developments arise.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
