January 03, 2024

On December 21, 2023, the Department of State (DOS) announced changes to visa application regulations. The DOS updated the personal visa interview waiver for non-immigrant applicants. These new guidelines will take effect beginning January 1, 2023, and remain in place indefinitely. 

Under these new changes, the DOS authorizes consular officers to waive personal interviews for certain non-immigrant visa holders. These changes will affect, though not exclusively, the following:

• First-time applicants: for H-2 agricultural and non-agricultural workers, and
• Applications for those with a previously approved visa: This includes applicants for non-immigrant visas previously approved for a non-immigrant visa in any classification. However, it excludes the B visas. Furthermore, the applicant must apply within 48 months of the expiration date on their most recent non-immigrant visa to qualify for an interview waiver.

The DOS also outlined various legal requirements for applicants interested in waiving the interview. These requirements will undergo annual reviews to determine whether the Department should make other changes. Unlike previous guidelines permitting consular officers to waive personal visa interviews, this authority will remain indefinitely.

A significant change mentioned by the DOS concerns the waivers for visa interviews. Again, the DOS will allow these waivers for all non-immigrant categories, excluding B visas. Under previous guideline iterations, B visa holders qualified for a visa interview waiver.

Under previous guidelines, applicants seeking a waiver of visa interview requirements must meet criteria like the following:

• Must apply in their country of nationality or residence;
• Must have never been refused a visa unless it was overcome or waived;
• Have no cause for ineligibility.

Consular officers will decide whether to waive the in-person visa interview requirements on a case-by-case basis. As such, in-person interviews may prove required in some cases and dependent on local conditions. The DOS has urged applicants to check their local embassy and consulate websites for more detailed information regarding interview procedures. These websites will provide more details on the embassy’s status and services.

These changes will likely ease the visa application process for many employment-based applicants and their employers. However, this will not banish other documentary concerns, such as the employment eligibility verification process. This process requires employers to complete the Form I-9, which has proven challenging due to the ever-changing regulations around it. The best way to help ensure uniform compliance is to use an electronic I-9 management system. This system offers step-by-step guidance, electronic storage, and other valuable features to help employers remain compliant.

Automate your employment eligibility verification today with the ensured compliance of I-9 Compliance.

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