The Visa Interview Waiver Process and Eligibility Explained

The U.S. Department of State (DOS) rules require every nonimmigrant visa applicant between ages of 14 and 79 to apply in person and be interviewed by a consular officer (see 9 FAM 403.5-2 , the “FAM”).   But there are certain specific exceptions allowing a waiver of the interview requirement.   With the current long interview scheduling wait times at many U.S. consulates,  being able to have an interview waived is very valuable.

Update (February 18, 2025):  DOS has restricted the eligibility criteria to applicants whose prior visa stamp was in the same classification and has expired during the prior 12 months (change from prior 48 months) and also removed eligibility criteria to other visa types.

Four Interview Waiver Authorities

According to the revised guidance in effect as of February 18, 2025, consular officers have two main authorities to waive interviews:

  1. For visa renewals – if the renewal visa sought is in the same visa class, and the previous visa is either unexpired or the renewal is within 12 48 months of expiration (revised to 12 months as of February 18, 2025) – see 9 FAM 403.5-4(A)(1)(a)(3).  Under this authority, the applicant should be applying in the consular district of their “normal” residence; AND
  2. Certain diplomatic visas – applicants for 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; or
    applicants for diplomatic- or ofcial-type visas.

Preparing for and Dealing with Inconsistent Interview Waiver Practices

Unfortunately, there is a wide variation among US Consular posts as to use of visa interview waivers.  Even though DOS encourages consular posts to do so, each Consulate has discretion to apply some or none of the interview waiver authorities.  As a result, some posts do not offer interview waivers in any visa category, regardless of eligibility.   We urge visa candidates to carefully review the eligibility and visa interview waiver information which is normally posted on the US Consulate’s website.

Even if an interview waiver is available,  applicants should understand and be prepared to attend an interview in the event the interview waiver is denied; it is also possible that an applicant who has applied under a waiver to be subsequently called in for an interview (this is is generally rare and based on specific case circumstances).

Conclusion

With the current extremely long visa interview scheduling times, it is very important to understand and, when possible, take advantage of the interview waiver process.   We urge applicants to provide correct and truthful information to the interview waiver eligibility questions as providing false or misleading information may have major negative consequences (in addition to delays).

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By | Last Updated: February 27th, 2025| Categories: Articles, News, News Alert, Travel, Visa Processing|

About the Author: Dimo Michailov

Dimo Michailov
Dimo has over 15 years of experience in US immigration including employment-based immigration benefits, corporate compliance and family based immigration. He represents corporate and individual clients in a wide range of cross-border immigration matters including mobility of key foreign executives and managers, specialized knowledge workers, and foreign nationals with extraordinary ability.

The Capitol Immigration Law Group has been serving the business community for over 15 years and is one of the most widely respected immigration law firms focused solely on U.S. employment-based immigration.   Disclaimer:  we make all efforts to provide timely and accurate information; however, the information in this article may become outdated or may not be applicable to a specific set of facts.  It is not to be construed as legal advice.