Employment & Labor Insider

Who can still qualify for an interview waiver?

Nonimmigrant applicants under the visa symbols A-1, A-2, C-3 (except attendants, servants, or personal employees of accredited officials), G-1, G-2, G-3, G-4, NATO-1 through NATO-6, or TECRO E-1 may qualify for interview waivers. Additionally, interview waivers may be granted for diplomatic or official visas.

Applicants renewing a B-1, B-2, B1/B2 visa or a Border Crossing Card/Foil (for Mexican nationals) may qualify for an interview if all of these circumstances apply:

• The renewal is within 12 months of the expiration of the prior visa.
• The applicant was at least 18 years old at the time of issuance of the prior visa.
• The applicant is applying in his or her country of nationality or residence.
• The applicant has never been refused a visa, or any refusal was overcome or waived.
• The applicant has no apparent or potential ineligibility.

Consular officers always have discretion to require an in-person interview and may do so on a case-by-case basis for any reason.

Canadians remain exempt from the visa stamp requirement.

Who must attend a nonimmigrant visa appointment?

Any nonimmigrant seeking to enter or re-enter the United States who does not have a valid, unexpired visa stamp in the appropriate nonimmigrant visa category must apply for a visa stamp in person at a U.S. consulate or embassy. Visa stamps are tied to a specific nonimmigrant status (for example, H-1B, or B-1). Nonimmigrants must have a visa stamp that matches the nonimmigrant status for which they seek entry into the United States.

Some employment-based nonimmigrant visa stamps are tied to a specific employer (such as L-1s), but some are not (such as H-1Bs). Foreign nationals who have changed employers since obtaining their last visa stamp may need a new visa stamp after traveling internationally, even if the current stamp is still valid. If so, they will need to attend a visa appointment. To confirm whether your employee needs a new visa stamp to enter or re-enter the United States, please consult your immigration counsel.

Applicants under the age of 14 and over the age of 79 are now required to attend visa interviews.

Reminders

Applicants should review consulate and embassy websites before travel for more detailed information about application requirements and procedures.

Sponsored foreign national employees should always consult with their employer’s immigration counsel before international travel to ensure they have the latest travel guidance and to ensure there will be no adverse impact on any ongoing immigration cases.

These changes will create longer wait times at U.S. consulates. Foreign nationals may become stuck outside of the United States if they encounter obstacles in obtaining a visa stamp.

If foreign nationals must travel outside of the United States, they should ensure that they have a valid visa stamp or a visa stamp appointment before departure.

Please consult with a Constangy immigration attorney if you have any questions.