From Waiver to Waitlist: Fewer Travelers Can Skip the US Visa Interview
On February 18, 2025, the US Department of State announced a new policy requiring more foreign nationals to attend in-person interviews to apply for nonimmigrant visas.
The announcement rolls back a Biden Administration policy which had allowed visa applicants to qualify for the interview waiver program—and thus bypass the in-person interview requirement—if they (a) had been issued a nonimmigrant visa in any classification (except the B visitor visa category), and (b) were applying within 48 months of their most recent visa expiration date.
Under the new policy, applicants must be applying to renew a visa (a) in the same nonimmigrant classification, and (b) within 12 months of the visa’s expiry. The State Department’s updated policy follows President Donald Trump’s issuance of Executive Order 14161, which called on agencies to implement enhanced vetting procedures for visa applicants.
Appointment Backlogs During the COVID-19 Pandemic
When applying for nonimmigrant visa stamps at US embassies or consulates, applicants have historically been required to appear in person for interviews with consular officers. During the COVID-19 pandemic, travel restrictions and resource limitations led to lengthy wait times for visa appointments at many US consular sections around the world. This situation continued even as pandemic travel restrictions eased, causing wait times of more than a year in some countries.
In an effort to reduce appointment wait times, the Biden Administration expanded the pool of visa applicants eligible to forgo a consular interview in favor of “dropping off” their visa application for processing. This process, often called a “dropbox” option, allows eligible visa applicants to submit their visa application at a designated location abroad. Consular officers then review the application and may issue a visa without an interview with the applicant. This policy is intended to (1) streamline visa processing for low-risk applicants and reduce wait times for visa appointments, and (2) benefit consular officers by allowing them to allocate more time and resources to complex, high-risk, or sensitive visa cases that require additional scrutiny.
Enhanced Vetting of Visa Applicants
Under President Trump, the United States has set a policy of enhanced vetting and screening of all foreign nationals seeking to enter the United States, including in employment-based categories such as the H-1B, L-1A, or L-1B. As a result, the eligibility criteria for the visa interview waiver program have been narrowed. Per the State Department’s announcement, applicants are eligible for a waiver of the in-person interview if they previously held a visa in the same category that expired less than 12 months prior to the new application.
Additionally, to be eligible for an interview waiver, applicants must:
- Be applying in their country of nationality or residence;
- Have never been refused a visa (unless such refusal was overcome or waived); and
- Have no apparent or potential ineligibility.
Consular officers may still require in-person visa interviews on a case-by-case basis, or based on local conditions in the application country. For the most up-to-date eligibility requirements for the interview waiver program, applicants should consult the webpage for the specific US embassy or consulate at which they will submit their visa applications.
What This Means for Employers
Given the State Department’s narrowing of the eligibility criteria for the interview waiver program, employers should expect longer wait times for their employees required to attend in-person visa appointments at US embassies and consulates. Advance planning and flexibility are key—employees should plan and schedule visa appointments as early as possible to minimize potential gaps in travel authorization to the United States.
Beyond wait times for appointments, employees and their employers should be prepared for longer processing times of visa applications after they are submitted to the US consular section, including increased usage of administrative processing by consular officials. Employees who qualify for the interview waiver program should also be prepared for longer processing times, as "dropbox" applications are similarly expected to undergo enhanced vetting and screening.
In recent years, the State Department has posted estimated visa appointment wait times at US embassies and consulates around the globe. However, as of this writing, the posted wait times have not been updated since January 7, 2025.
How Mayer Brown Can Help
Mayer Brown advises employers on navigating the complexities of the visa application process, including proper timing and procedures for visa stamping to enable foreign national employees to work in the United States or travel internationally during their US assignments. Mayer Brown works with consular posts on behalf of client visa applicants to request emergency or expedited processing of visa applications in appropriate circumstances.
Employers should continue to monitor Mayer Brown’s Washington Update page for legal analysis on policy changes under the current Administration that may impact their workforce. Mayer Brown is poised to help employers understand changing regulatory and policy requirements and develop strategies for mitigating risk, safeguarding compliance, and realizing the full potential of their global talent base.
