Revised Visa Interview Waiver Policies

On December 31, 2023 DOS established two expansions of visa interview waiver eligibility under the statutory authority of INA 222(h) [8 USC 1202(h)] and regulatory authority of 22 CFR 41.102.

1. Applications for renewing a nonimmigrant visa in the same category. Regulations at 22 CFR 41.102(b)(3) allow consular officers to waive the in-person interview requirement for individuals applying to renew a visa in the same visa classification and category if not more than 12 months have passed since the prior visa expired. The policy-based expansion reflected in the Foreign Affairs Manual at 9 FAM 403.5-4(A)(1)(a)(3) currently allows such waivers if the prior visa has not expired more than 48 months ago. There is currently no end date associated with this expanded policy.

2. Applications for first-time applicants for any nonimmigrant visa. A separate personal appearance waiver authority under 22 CFR 41.201(c) allows the Secretary of State to waive the personal appearance requirement for an individual or class of applicants if the Secretary finds that such a waiver is in the national interest. On December 31, 2023, the Secretary exercised this authority to waive the interview requirement for nonimmigrant visa applicants applying for any nonimmigrant visa classification who were: 1) previously issued a nonimmigrant visa in any classification, unless the only prior issued visa was a B visa; and 2) Are applying within 48 months of their most recent nonimmigrant visa’s expiration date. Implementation of this authority began on January 1, 2024. The policy will be reviewed annually, but is otherwise in place until further notice.

Applications for renewing a nonimmigrant visa in the same category

The Foreign Affairs Manual at 9 FAM 403.5-4(A)(1)(a)(3) allows such waivers if the prior visa has not expired more than 48 months ago. There is currently no end date associated with this expanded policy.

9 FAM 403.5-4(A)(1)(a)(3) provides:

a. (U) Waiver by Consular Officers:  You may waive the interview of any visa applicant who falls under one or more of the following categories in paragraphs a(1)-(5) below if the applicant is not within one of the categories in 9 FAM 403.5-4(B) that requires an interview:

...

(3)  (U) Renewals in the same category:

(a)  (U) Is applying for the same NIV classification not more than 48 months after the date on which the prior visa expired (i.e., same visa class and same category of applicant within that visa class (principal or derivative));

(b)  (U) Is applying in the consular district of their normal residence, unless otherwise prescribed in regulations that require an applicant to apply for a visa in the country of which such applicant is a national.

(i)     (U) For example, a B1/B2, E, L, or R visa holder who is seeking to renew their visa in the same NIV category within 48 months of their last visa’s expiration date within the consular district of their normal residence qualifies for interview waiver for renewals. 

(ii)    (U) On the other hand, an E-2 derivative spouse applying for a visa as an E-2 principal, or as an R would need to appear for an interview unless the applicant qualifies for interview waiver under the separate waiver authority described in 9 FAM 403.5-4(A)(1) paragraph a(5) below.

(iii)    (U) The adjudication may occur outside the 48-month window if the application is made within 48 months of the previous visa’s expiration date. The criteria for making an application are defined in 9 FAM 403.2.

(c)  (U) For F, M, and J applicants, you must verify that the applicant's SEVIS record indicates "initial" or "active" status." Applicants with any other SEVIS status should be called for an interview. 

(d)  Unavailable

Applications by first-time applicants for any nonimmigrant visa

A separate personal appearance waiver authority under 22 CFR 41.201(c) allows the Secretary of State to waive the personal appearance requirement for an individual or class of applicants if the Secretary finds that such a waiver is in the national interest. On December 31, 2023, the Secretary exercised this authority to waive the interview requirement for nonimmigrant visa applicants applying for any nonimmigrant visa classification who were: 1) previously issued a nonimmigrant visa in any classification, unless the only prior issued visa was a B visa; and 2) Are applying within 48 months of their most recent nonimmigrant visa’s expiration date. This policy is effective January 1, 2024 and will be in place "until further notice." That means it does not have a set end date as have prior policies, but DOS does plan to review the policy with DHS on an annual basis.

December 21, 2023 DOS visa interview waiver policy

"Important Update on Waivers of the Interview Requirement for Certain Nonimmigrant Visa Applicants

Last Updated: December 21, 2023

The Secretary of State, following consultations with the Department of Homeland Security, has determined that the following categories of interview waivers are in the national interest. Changes based on that determination are implemented by consular officers, who now have the authority and discretion to waive the in-person interview for:

• First time H-2 visa applicants (temporary agricultural and non-agricultural workers); and

• Other nonimmigrant visa applicants applying for any nonimmigrant visa classification who:

  • Were previously issued a nonimmigrant visa in any classification, unless the only prior issued visa was a B visa; and

  • Are applying within 48 months of their most recent nonimmigrant visa’s expiration date.

In all cases, applicants must meet certain legal requirements to qualify for an interview waiver. Implementation of this authority begins January 1, 2024, and will be reviewed annually. This authority is in place until further notice.

As a reminder, 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. We encourage applicants to check embassy and consulate websites for more detailed information about visa application requirements and procedures, and to learn more about the embassy’s operating status and services."

A prior visa interview waiver policy that expired December 31, 2023, covered first-time F, M, J, H, L, O, P, and Q NIV 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 does not mention this visa-specific approach or prior entries under the Visa Waiver Program, and excludes B visas from the types of prior visas to access this particular type of interview waiver. Note that the Foreign Affairs Manual (FAM) has a separate paragraph at 9 FAM 403.5-4(A)(1)(a)(5) covering interview waivers for the December 21, 2023 policy's more general group of "Applicants with a prior nonimmigrant visa in another classification," but the eligibility criteria for this separate basis for an interview waiver are "Unavailable" in the public version of the FAM, so the December 21, 2023 DOS visa interview waiver policy on the DOS website is the only indicator of the scope of this policy.

Additional General Requirements for Visa Interview Waiver Eligibility

Also note this caveat in the December 21, 2023 DOS visa interview waiver policy , which should be applicable to all visa interview waiver policies:

"Consular officers may still require in-person interviews on a case-by-case basis or because of local conditions. We encourage applicants to check embassy and consulate websites for more detailed information about visa application requirements and procedures, and to learn more about the embassy’s operating status and services."

Essential Background

The Immigration and Nationality Act at INA 222(h) [8 USC 1202(h)] and DOS regulations at 22 CFR 41.102 govern eligibility for waivers of the visa interview requirement.

In INA 222(h)(1) [8 USC 1202(h)(1)], Congress established three types of statutory visa interview waiver authorities:

1. Consular officer authority to waive the interview for A or G, NATO, and C-3 visa applicants, and for diplomatic or official visas for diplomatic or official passport holders;
2. Consular officer authority to waive the interview for nonimmigrant visa applicants applying at a post in their country of usual residence for renewal of a nonimmigrant visa in the same classification, which has expired no more than 12 months ago;
3. Authority granted by the Secretary of State to waive the interview if the Secretary determines that such waiver is (i) in the national interest of the United States or (ii) necessary as a result of unusual or emergent circumstances.

DOS regulations at 22 CFR 41.102 essentially mirror this statutory authority, except that waivers under category (C)(ii) (unusual or emergent circumstances) are delegated to the Deputy Assistant Secretary for Visa Services.

History of the interview waiver policies

• Policy 1. Expand statutory and regulatory authority to waive the visa interview for visa renewal applicants from 12 months to 48 months beyond the prior visa’s expiration.
  • In August 2020, Secretary Pompeo expanded the visa renewal window from 12 to 24 months due to COVID.
  • In March 2021, DOS again expanded the visa renewal window from 24 to 48 months
  • It is likely the authority to expand the statutory/regulatory visa renewal period from 12 months to 24 months and then to 48 months was based on a Secretary determination that the expansion was in the national interest of the United States or necessary as a result of unusual or emergent circumstances.
  • The FAM does set an end date to this policy. The latest DOS web page update (December 21, 2023) states: “As a reminder, 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.”
• Policy 2. Special interview waivers for certain nonimmigrants until December 31, 2023:
  • Special interview waiver authority for H-2A and H-2B applicants
  • Special interview waiver authority for F, M, and academic J applicants:
  • Special interview waiver authority for Petition-Based H, L, O, P, and Q applicants:
  • These special interview waiver authorities began during the COVID pandemic and are likely based on a Secretary determination that they were either in the national interest of the United States or necessary as a result of unusual or emergent circumstances.
  • This original version of Policy 2 expired on December 31, 2023, was replaced by the December 21, 2023 DOS visa interview waiver policy described in the first part of this resource.

To qualify for a visa renewal interview waiver under INA 222(h) [8 USC 1202(h)], 22 CFR 41.102, and the temporary expansions, the applicant must:

• Be applying for the visa renewal in the consular district of his or her normal residence;
• Have "no apparent ineligibility or potential ineligibility;" and
• Have been subjected to all appropriate biometric visa requirements.

The statute at INA 222(h) [8 USC 1202(h)] also limits DOS authority to waive the interview requirement. That provision generally does not allow an interview waiver for an applicant who:

• is not a national or resident of the country in which the applicant is applying for a visa;
• was previously refused a visa, unless such refusal was overcome or a waiver of ineligibility has been obtained;
• is listed in the Consular Lookout and Support System (CLASS);
• is a national of a country officially designated by the Secretary of State as a state sponsor of terrorism, except such nationals who possess nationalities of countries that are not designated as state sponsors of terrorism;
• requires a security advisory opinion or other Department of State clearance.

Applicants who are subject to one of these standard obstacles to a visa interview waiver should contact the consular office where they plan to apply, to inquire whether an interview waiver is available to them. Applicants needing legal advice should contact an experienced immigration lawyer.

Sources of authority

• INA 222(h) [8 USC 1202(h)] (statutory authority)
• 22 CFR 41.102(b)(3) (regulatory authority)
• 9 FAM 403.5-4(A)(1) (DOS Foreign Affairs Manual - DOS policy. Last updated January 19, 2024). Note: Attempting to access 9 FAM 403.5 NIV Interview by Consular Officer now results in a 404 error. A 404 error occurs when a user tries to access a web page that is no longer available on the server, usually because the page was deleted or moved. This was the 9 FAM section that contained DOS guidance to consular officers on waivers of the in-person visa interview requirement. For reference, an archive copy of that FAM provision captured on December 4, 2024 is available on the Internet Archive's WayBack Machine.
• DOS March 11, 2021 Announcement (DOS policy. Last updated March 11, 2021)
• DOS September 14, 2021 announcement (archived on the WayBack Machine)
• DOS December 23, 2021 announcement (archived on the WayBack Machine)
• DOS December 23, 2022 announcement (archived on the WayBack Machine)
• DOS December 21, 2023 announcement

Advocacy on this Issue

In a December 8, 2023 letter to U.S. Secretary of State Antony Blinken, NAFSA joined the American Council on Education and 24 other higher education associations in urging the the Department of State to extend and make permanent the current authorities to waive the in-person interview requirement for certain nonimmigrant visa applicants.

In a November 20, 2023 letter, NAFSA and its partners in the U.S. for Success Coalition sent a letter to DOS and DHS urging them to make permanent important visa interview waiver authorities. The letter asks in the alternative that the waiver authority be extended "until the agencies produce and implement a plan to maintain and improve current visa interview appointment wait times."

A November 17, 2023 letter that NAFSA co-signed with AILA and a large group of associations and business organizations, asked DOS and DHS to extend the interview waiver authorities.

In an October 18, 2023 letter to the Secretaries of State and Homeland Security, NAFSA asked the agencies to make permanent the authority of consular officers to waive in-person visa interviews for international students and certain employment-based nonimmigrant categories. NAFSA requested in the alternative that the waiver authority be extended until the agencies produce and implement a plan to maintain and improve current visa interview appointment wait times.

In a December 23, 2022 announcement, the Department of State (DOS), in consultation with the Department of Homeland Security (DHS), extended until December 31, 2023 the discretionary authority given to consular officers to waive the in-person interview requirement for the following individuals as described in the DOS Foreign Affairs Manual (FAM) at 9 FAM 403.5-4(A)(1)(a)(5)-(6):

(5) (U) F, M, and Academic J Applicants:

(a) Unavailable. [NAFSA note: Prior to the 12/28/2022 revision to this section of the FAM, paragraph (5)(a) was available to the public and read: "(U) Until December 31, 2022, an applicant for an F; M; or academic J (secondary and university students, professors, research scholars, short-term scholars, or specialists,) excluding nationals of Nigeria or the People's Republic of China, in one of the following categories:"]

(i) (U) Applicants who were previously issued any type of visa; 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

(ii) (U) First-time F, M, and academic J visa applicants who are citizens or nationals of Visa Waiver Program (VWP) participating countries; and who have no prior Electronic System for Travel Authorization (ESTA) denials; who have previously traveled to the United States on ESTA; and whose visa applications reveal no derogatory or potentially derogatory information; and who have no indication of potential visa misuse or ineligibility.

(iii) (U) DHS has concurred that the Department need not require fingerprints for:

• (U) First-time and returning F, M, and academic J nonimmigrant visa applicants who are citizens or nationals of Visa Waiver Program (VWP) participating countries who have no prior denials in the Electronic System for Travel Authorization (ESTA); and who have previous ESTA travel to the United States;

• (U) Returning F, M, and academic J, nonimmigrant visa applicants who were not required to provide fingerprints before being issued a visa under the previously approved policy.

• (U) For applicants who previously submitted 10 fingerprints, you should reuse those for the current application.

(b) (U) You must verify that the applicant's SEVIS record indicates a SEVIS status of "initial" or "active," and should request an interview if you identify any discrepancies between the current and previous visa applications or wish to interview the applicant for any other reason.

(6) (U) Individual Petition-Based H, L, O, P, and Q Applicants:

(a) (U) Until December 31, 2023, an applicant for an H-1, H-3, H-4, non-blanket L, O, P, or Q visa in one of the following categories:

(i) (U) Applicants who were previously issued any type of visa; 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

(ii)(U) First-time individual petition-based H-1, H-3, H-4, L, O, P, and Q visa applicants who are citizens or nationals of Visa Waiver Program (VWP) participating countries; who have no prior ESTA denials; who have previously traveled to the United States on ESTA; and whose visa applications reveal no derogatory or potentially derogatory information; and who have no indication of potential visa misuse or ineligibility.

(iii) (U) DHS has concurred that the Department need not require fingerprints for:

• (U) First-time or returning individual petition-based H-1, H-3, H-4, L, O, P, and Q visa applicants who are citizens or nationals of VWP participating countries who have no prior ESTA denials; and who have previous ESTA travel to the United States;

• (U) Returning individual petition-based H-1, H-3, H-4, L, O, P, and Q nonimmigrant visa applicants who were not required to provide fingerprints before being issued a visa under the previously approved policy.

• (U) For applicants who previously submitted 10 fingerprints, you should reuse those for the current application.

DOS first communicated the expansion of these discretionary visa interview waivers in a December 23, 2021 announcement [WayBack Machine Archive]. That announcement stated that to benefit from the above in-person interview waivers, applicants must be applying for a visa at a U.S. consular office "in their country of nationality or residence," i.e., visa interview waivers would not be available to third-country nationals applying for a visa at a consulate that is not in their country of nationality or residence. The December 23, 2021 announcement also noted that: "Consular resources and local government restrictions vary widely, and each consular section is continuously reviewing its capacity to adjudicate visa applications during this worldwide pandemic and as we address global issues and competing priorities. We encourage applicants 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: Paragraph 9 FAM 403.5-4(A)(1)(a)(5), relating to eligibility for a special waiver of the visa interview for certain F, M, and academic J applicants, was last updated on 12/28/2022. One of the updates was to make paragraph (5)(a) of that section unavailable to the public. Prior to the 12/28/2022 revision, paragraph (5)(a) was available to the public and read:

"(U) Until December 31, 2022, an applicant for an F; M; or academic J (secondary and university students, professors, research scholars, short-term scholars, or specialists,) excluding nationals of Nigeria or the People's Republic of China, in one of the following categories:"

Since the paragraph is no longer available, we do not know if the language excluding Nigerian and PRC nationals is still in the FAM, but applicants from those countries should be cautioned that they still may not be eligible for this special F, M, J interview waiver. The way the whole FAM provision is worded, it does seem that Nigerian and PRC F, M, and academic J applicants remain eligible for the standard visa interview wavier for renewing in the same category if their visa has not expired more than 48 months ago, just not the special visa interview waiver policy allowing applicants to benefit as long as they were previously issued any type of visa in the past.

Other nonimmigrant categories. 22 CFR 102(b)(3) allows consular officers to waive the in-person interview requirement for individuals applying to renew a visa in the same visa classification and category if not more than 12 months have passed since the prior visa expired. The December 23, 2022 announcement as well as the FAM continue the temporary expansion of that period to 48 months for renewals in the same category of any visa other than the listed categories.

Here is the wording of the December 23, 2022 announcement:

"Important Announcement on Waivers of the Interview Requirement for Certain Nonimmigrant Visas

Last Updated: December 23, 2022

The Secretary of State, with the concurrence of the Department of Homeland Security, has extended until December 31, 2023, previously approved authorities allowing consular officers to waive the in-person interview for certain H-2 (temporary agricultural and non-agricultural workers) applicants; certain students, professors, research scholars, short-term scholars, or specialists (F, M, and academic J visa applicants); and for certain temporary workers who have an individual petition approved by the U.S. Citizenship and Immigration Services (H-1, H-3, H-4, L, O, P, and Q visa applicants) who meet certain conditions, including that they are applying for a visa in their country of nationality or residence. Under these authorities, consular officers have discretion to waive the visa interview requirement for certain first-time and renewing H-2 visa applicants, and for certain F, M, and academic J, and 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 or waived, and who have no apparent ineligibility or potential ineligibility; or for certain first-time F, M, and academic J, or 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).

Applicants renewing a visa in the same classification within 48 months of the prior visa’s expiration are also eligible for interview waiver. This authority is in place until further notice.

Consular officers may still require an in-person interview on a case-by-case basis, taking into account local conditions. We encourage applicants to check embassy and consulate websites for more detailed information about this development, as well as current operating status and services."