Visa Interview Waiver Program at U.S. Consulates in India

With the end of the year quickly approaching, many of our clients will travel abroad during the Holiday season to visit their homelands and will need to renew their current U.S. visas. We would like to remind our Indian clients and friends about the Interview Waiver Program (IWP) which allows some qualified individuals to apply for some classes of visas without being interviewed in person by a U.S. consular officer.

Under the IWP, Indian visa applicants who are renewing visas that are still valid or expired within the past 48 months may submit their applications for consideration for streamlined processing, including waiver of a personal interview, within the following visa categories:

• Temporary workers on H1-B visas (same classification with the same petitioner, and visa is still valid or expired within the last 12 months);
  • We note that while the U.S. Visa Information Service for India (the official online portal facilitating visa processing for Indian nationals) website does not inquire whether the petitioner is the same or different, the U.S. consulates may require an interview if the petitioner is different because the Embassy visa waiver instructions are as follows:
    • “Temporary workers on H1-B visas returning to work for the same petitioner where the visa is still valid or has expired within the last 12 months” (U.S. Consulate, Mumbai).
      “If you hold an H1-B or Individual L1-A or L1-B visa that is still valid or expired within the last 12 months, you may qualify for the Interview Waiver Program. To qualify, the petitioner must be the same as on your initial visa, however, the end client need not be the same.” (U.S. Consulate, Hyderabad).
      “Temporary workers on H1-B visas (same classification with the same petitioner, and visa is still valid or expired within the last 12 months)” (U.S. Consulate, Delhi)
• Temporary workers on Individual L1-A or Individual L1-B visas (same classification with the same petitioner, and visa is still valid or expired within the last 12 months);
• Business/Tourism (B1 and/or B2);
• Dependent (J2, H4, L2);
• Transit (C) and/or Crew Member (D) – including C1/D;
• Applicants applying on or after their 80th birthday traveling on any visa class;
• Children applying before their 14th birthday traveling on any visa class;
• Students returning to attend the same school and same program.

To qualify for IWP, the renewal application must be within the same classification as the previous visa. If the previous visa is annotated with the words “clearance received,” that applicant is not eligible for a waiver of a personal interview. However, not all applications will be accepted for streamlined processing. As always, consular officers have the right to interview any visa applicant in any category. In addition, applicants who are renewing their visas may still need to make an appointment for biometrics (fingerprint and photograph) collection, and all applicants must submit all required fees and the DS-160 application form.

How Can We Help

Capitol Immigration Law Group PLLC offers a wide range of immigration law services. We recommend that our clients consider their immigration status before any trip abroad in order to avoid any complications during their travels. Please do not hesitate to contact us if our office can be of any assistance or you have any questions or comments. We stand ready to help analyze any time-sensitive cases. We also invite you to subscribe to our free weekly immigration newsletter to receive timely updates on this and related topics.