Department of State announces Waivers of Visa Interview - December 2021

On December 23, 2021, the U.S. Department of State, in consultation with the Department of Homeland Security, announced that in certain cases, the interview requirement for visa stamps may be waived for some nonimmigrant applicants with a petition approved by the U.S. Citizenship and Immigration Services. This policy will be in effect until the end of 2022. Please note that even if a visa applicant meets the below conditions, this is not a guarantee that a visa interview will absolutely not occur, as consular officers always have the option of requesting an interview.

The agency has noted that the following types of consular applicants may have the interview requirement waived:

1. Temporary nonimmigrant workers applying for H, L, O, P, & Q visas, who are:

   • Applying from their country of nationality or residence;

   • Have previously been issued any type of U.S. visa; and

   • Are not ineligible for any reason.

2. Temporary nonimmigrant workers without a previous visa applying for H, L, O, P & Q visas, who are:

   • Applying from their country of nationality or residence; 

   • Are citizens or nationals of a country participating in the Visa Waiver Program; 

   • Have previously traveled to the United States using an ESTA (Electronic System for Travel Authorization) authorization; and

   • Are not ineligible for any reason.

The State Department’s announcement also clarifies that the interview requirement remains waived for certain F, M, and J student and academic applicants through the end of 2022 in addition to the interview waiver for some H-2 applicants.

Please note: Unfortunately, the agency has not yet elaborated on any specific procedures for how such interview waivers may be obtained. Different consular posts often interpret guidance differently. In the absence of available guidance on how this policy will be implemented in various consulates, it would be advisable to review the website of the relevant consular post that a candidate is interested in going to for further information. If you have specific questions, please reach out to your ImmiPartner team.