The U.S. Department of State (DOS) has abruptly implemented new rules for visa processing. These rules, while not formally announced agency-wide, have been posted on some consular websites. Though impacts are not yet clear, the new rules may potentially slow processing of many nonimmigrant visas, including H-1B, L-1, O-1, TN, and more. Employers and employees applying for visas should anticipate travel and work delays.

The Issue

Under the Biden administration, DOS eased COVID-related delays by implementing the Visa Interview Waiver (or “dropbox”) program. This program let applicants skip a visa interview if they met certain criteria, including holding an approved nonimmigrant visa in almost any category that had expired within the past 48 months. Instead of the interview, they could simply show up at a Visa Application Center (VAC) to take biometrics and leave their documents at the “dropbox.” The Interview Waiver program cut down on consular delays and was expected to continue indefinitely.

However, under the second Trump administration, the Interview Waiver program has been suddenly curtailed. This has happened unofficially and with no formal announcement. According to various consular websites, the Interview Waiver program now only applies to applicants renewing a visa in the same nonimmigrant visa classification, and that is valid or expired within the last 12 months. Applicants not meeting these criteria may need to schedule an interview.

A Deeper Dive

This change will immediately affect any nonimmigrant visa applicant who needs to renew a visa that expired over 12 months ago, or to apply for a visa in a new nonimmigrant category (such as after changing from F-1 to H-1B). We expect this change to increase visa interview wait times and visa processing timelines, resulting in travel and work disruptions.

What You Should Do

• Applicants with current Interview Waiver appointments should check whether their most recent visa is for the same nonimmigrant classification and whether it expired within the last 12 months. If both these criteria are not met, applicants should check with the consulate to see if they need to book an interview.
• Applicants who will need an interview should monitor visa interview schedules to book appointments early, if possible.
• Applicants in countries such as India with especially backlogged interview queues might consider traveling to third countries for visa interviews.
• Employers and employees should expect travel delays.

How We Can Help

To receive individualized advice, and to learn how Meltzer Hellrung’s Consular Processing Services package can ease the visa application burden, speak to your designated Meltzer Hellrung attorney.