DOS Waiving Interview Requirement for More Nonimmigrant Visa Applicants

The U.S. Department of State (DOS) is temporarily making it much easier for many nonimmigrant visa applicants to qualify for a waiver of the in-person interview requirement. Commonly referred to as the “drop box” process, the rule expanding eligibility is scheduled to remain in effect through the end of 2022.

New Eligibility Criteria for Drop Box Option

Under this temporary rule, a consular officer can waive the in-person interview requirement if the foreign national is applying for an H-1, H-3, H-4, L, O, P, or Q visa and meets all of the following conditions:

• Is applying for a visa in the applicant’s own country of nationality or residence
• Has ever previously been issued any type of visa
• Has never been refused a visa unless such refusal was overcome or waived
• Has no apparent ineligibility or potential ineligibility

In addition, a first-time visa applicant can qualify for the interview waiver if all the following conditions are met:

• Is applying for a visa in the applicant’s own country of nationality or residence
• Is a citizen or national of a country that participates in the visa waiver program (VWP)
• Has never been refused a visa unless such refusal was overcome or waived
• Has previously traveled to the United States using an authorization obtained via the Electronic System for Travel Authorization (ESTA)

A similar rule, previously implemented for F, M, and academic J visa applicants, now has been extended through the end of 2022. Also, a person may still qualify for the drop box option if the applicant is renewing any visa within 48 months of expiration.

Conclusion

By giving consular officers more discretion to waive interview requirements, it should make it easier for consulates to clear the ongoing backlogs. Subscribe to the free MurthyBulletin to receive weekly updates on matters related to visa processing and other issues related to U.S. immigration law.

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