First, the interview waiver extension is available to two broad categories of nonimmigrants applying for H-1 (individuals in specialty occupations), H-3 (trainees or special education visitors), H-4 (dependents of the prior categories), L (intracompany transferees), O (individuals with extraordinary ability or achievement), P (athletes, artists, and entertainers), and Q (participants in international cultural exchange programs) visas that meet certain criteria:3
1. Applicants Previously Issued Any Type of Visa. These nonimmigrant applicants may have their visa interview waived if they:
- apply in their country of nationality or residence;
- have never been refused a visa, unless the refusal was overcome or waived; and
- have no apparent or potential ineligibility to obtaining a visa.
2. First-Time Applicants. These nonimmigrant applicants may have their visa interview waived if they:
- apply in their country of nationality or residence;
- are citizens or nationals of a country that participates in the Visa Waiver Program (VWP);
- have previously traveled to the United States under the VWP using the Electronic System for Travel Authorization (ESTA); and
- have no apparent or potential ineligibility to obtaining a visa.
Second, the ability for consular officers to waive interviews for temporary agricultural and non-agricultural workers (H-2 visas), students (F and M visas), and exchange students (academic J visas) will also remain in place through December 31, 2022. The policy already in place for these particular visa applicants has been amended to require that they have previously travelled to the United States using ESTA in order to qualify for the interview waiver. Moreover, these individuals must apply for a visa in their country of residence or nationality. Thus, individuals visiting a country (in which they do not maintain nationality or residence) and applying for a U.S. visa in that country, will not be eligible for a visa interview waivers.
Thirdly, applicants who are renewing any visa type that has expired within the prior 48 months will continue to be eligible for interview waiver. Consular authority to carry out this policy has been extended indefinitely.