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Immigration News

Immigration News

24-Dec-2021

USA WAIVERS INTERVIEW REQUIREMENT FOR CERTAIN NONIMMIGRANT VISAS

With the growing concern of Covid-19 surge, the Secretary of State, in consultation with the Department of Homeland Security has official consular officers through the end of 2022 to waive the in-person interview requirement for certain temporary employment nonimmigrant visa applicants who have a petition approved by the U.S. Citizenship and Immigration Services.   

This new authorization is applicable to temporary workers applying for certain visa categories such as  H-1, H-3, H-4, L, O, P, and Q visas who meet certain conditions, including that they are applying for a visa in their country of nationality or residence.  

It’s also stated under this authority, consular officers have discretion to waive the visa interview requirement for individual petition-based  visa categories such as 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 first-time individual petition-based applications H-1, H-3, H-4, L, O, P, and Q 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) .

Also in addition, the Secretary extended previously approved policies to waive the visa interview for certain students, professors, research scholars, short-term scholars, or specialists (F, M, and academic J visa applicants) through the end of 2022.  
These changes to the previous policy is that applicants eligible for the waiver authority because they are citizens or nationals of a VWP participating country must have previously traveled to the United States using an authorization obtained via ESTA to qualify.  

The applicants must apply for a visa in their country of nationality or residence.  Like the policy for certain individual petition-based visa applicants, consular officers have discretion to waive the interview for  F, M, and academic J visa 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 first-time F, M, and academic J visa applicants who are citizens or nationals of a country that participates in VWP and who have previously traveled to the United States via an ESTA authorization, provided they have no apparent ineligibility or potential ineligibility.  

The former authority allowing for waiver of interview of certain applications on  H-2 (temporary agricultural and non-agricultural workers) has also been extended through the end of 2022.  Applicants renewing any visa within 48 months of expiration are also eligible for interview waiver.

Consular resources and local government restrictions vary widely, and therefore 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.  

The Covid-19 pandemic has resulted to profound reductions in the Department’s visa processing capacity for applications as global travel rebounds, United States of America is taking these temporary steps to further commitment for safety and efficiently reducing visa wait times while maintaining the national security for the country.

The purpose for this waiver was made with the concurrence of Department of Homeland Security partners, however, embassies and consulates may require applicants to still go for personal interview on case-by-case basis and dependent upon local conditions. 

Prospective applicants should check the Government website of the relevant U.S. embassy or consulate to confirm the level of services currently offered and to find guidelines for making an application for a visa without an interview.

Bilimoria & Associate is specialised in Immigration visas with 26 YEARS experience in lodging successful investment applications, L1 visa application, Spouse visas and Parent visas towards obtaining Green card to USA.

Bilimoria & Associate liaisons with the Member of Oregon State Bar Association and Attorney in good standing, USA (OSB) and also liaisons with member of the American Immigration Lawyers Association (AILA) towards preparation of a successful applications for prospective applicants. 

You can write to us to assess your eligibility at: neville@bilimoriaassociate.com  (or) contact us +91 44 2822 7222 / 2823 9229 / 4350 8191 between Monday – Saturday, 10.30 am to 5.30 pm. You can also fix an appointment with our office to meet us in person to discuss your eligibility. 

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