State Department Restricts Visa Interview Waivers Abroad

The U.S. Department of State appears to be restricting interview waiver eligibility for H-1B and other temporary workers at U.S. consulates around the world.

According to various consular websites, the State Department is rolling back visa interview waiver program eligibility criteria that have been in place since the COVID-19 pandemic.

Applicants in temporary worker visa categories are eligible for an interview waiver at participating posts if they are renewing a visa in the same category and if their prior visa expired within the last 12 months or is still valid. Since 2021, those with a visa in the same classification that had expired within the preceding 48 months could qualify for an interview waiver.

“While no official government announcement has been made, visa application centers are reportedly turning away applicants who do not meet the updated eligibility requirements,” said Jessica Lang, an attorney in the Boston office of Jackson Lewis. “This change could have significant implications for H-1B, L-1, O-1, and other visa holders who previously relied on the drop box processing for visa renewals.”

Lang explained that eligible applicants could simply use the consulate’s drop box to submit biometrics and drop off documents for processing. The expanded eligibility window was introduced during the pandemic to help reduce consular backlogs and was expected to remain in place indefinitely, she said.

“Now, it appears that only those whose prior visas in the same category that expired within the past 12 months remain eligible for drop box processing,” she said. “Applicants who do not meet this requirement must reschedule for an in-person visa interview or risk being turned away or face processing delays.”

Many visa categories require that an applicant attend an interview before they can receive a visa approval. For those applying within the U.S., the interview will typically take place at a U.S. Citizenship and Immigration Services (USCIS) field office. For those applying from outside the U.S., the interview appointment will be conducted at a U.S. Embassy or consulate.

The purpose of an interview for a work-related visa is to assess the applicant’s eligibility for the specific visa category for which they have applied.

Lang said that restricting interview waiver eligibility will increase demand for in-person interview appointments at U.S. embassies and consulates, leading to longer wait times, particularly in high-volume locations.

“Confirm your eligibility before your scheduled appointment,” she said. “If your prior visa expired more than 12 months ago or you are applying for a visa in a different category, you may need to reschedule for an in-person interview. Plan for potential delays. Consular wait times are already lengthy, and this policy change may create additional backlogs.”

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