On December 23, 2021, the Department of State announced that consular officers are now authorized to waive the in-person interview for individuals applying for certain non-immigrant work visas through December 31, 2022. This applies to Persons in Specialty Occupations (H-1B visas); Trainees or Special Education Visitors (H-3 visas); Intracompany Transferees (L visas); Individuals with Extraordinary Ability or Achievement (O visas); Athletes, Artists and Entertainers (P visas); and Participants in International Cultural Exchange Programs (Q visas).
According to the Department of State, consular officers may waive the in-person interview at their discretion for the following applicants, on a case‑by‑case basis:
- Individual petition-based H-1, H-3, H-4, L, O, P and Q applicants who were previously issued a visa, have never been refused a visa (unless such refusal was overcome or waived) and have no apparent ineligibility or potential ineligibility.
- First-time individual petition-based H-1, H-3, H-4, L, O, P and Q applicants who are citizens or nationals of a country that participates in the Visa Waiver Program (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.
Additionally, consular officers’ authorization to waive the in-person interview for certain agricultural workers, students, professors, research scholars, short-term scholars and specialists (H-2, F, M and academic J visa applicants) applying for non-immigrant visas has now been extended through December 31, 2022 as well.
Lastly, consular officers’ authorization to waive the in-person interview for applicants renewing a visa in the same classification, and within 48 months of visa expiration, has now been extended indefinitely.
According to the Department of State, these measures are being taken to address the long visa wait times resulting from the reduced visa processing capacity during the COVID-19 pandemic.
For employers, these measures should alleviate much of the uncertainty present when foreign workers prepare to enter the U.S., either for the first time, or after international travel. Previously, the in-person interview for visa applicants could take weeks or even months to schedule, causing delays that may affect an employer’s operations. These delays should be significantly reduced now that consular officers are authorized to waive the in-person interview for certain visa applicants.
Employers should keep in mind that U.S. embassies and consulates may still require an in-person interview in certain situations, so visa applicants should check the website of the U.S. Embassy or Consulate where they will apply for more detailed information.
If you have questions about whether these measures apply to certain foreign workers, please reach out to your Hall Render immigration team or your primary Hall Render contact.
- Charlotte M. Fillenwarth at (317) 977-1476 or cfillenwarth@wp.hallrender.com
- Lindsay C. Ramsey at (317) 429-3637 or lramsey@wp.hallrender.com
- Michael L. Kim at (317) 977-1418 or mkim@wp.hallrender.com
Hall Render blog posts and articles are intended for informational purposes only. For ethical reasons, Hall Render attorneys cannot—outside of an attorney-client relationship—answer an individual’s questions that may constitute legal advice.
