Effective February 18, 2025, the U.S. Department of State (DOS) made changes to the visa interview waiver program, leaving applicants and employers scrambling to navigate the new requirements. These restrictions—implemented with no transition period—carry implications for anyone seeking employment-based visa stamps abroad. In the long run, wait times for visa appointments are likely to surge, especially in countries already experiencing significant backlogs.

Below, we break down what has changed, how it affects visa applicants and employers, and what steps you should take to stay ahead of these new rules.

Background: When and Why DOS Implemented the Interview Waiver Program

In December 2021, during the heightened stages of the COVID-19 pandemic, DOS introduced an expanded visa interview waiver program. The goal was to reduce in-person interactions, streamline processing, and alleviate the burden on consular resources. By giving U.S. consulates and embassies more discretion to waive interviews for qualifying visa applicants, the program provided a welcome relief for many businesses and individuals who could secure U.S. visas more efficiently.

Under the prior criteria many applicants could qualify for interview waivers if they:

  • Were applying in the same visa classification (e.g., H, L, O, etc.).
  • Had a previously issued visa in that classification that expired within 48 months of the new application.
  • Had no prior visa refusals that remained unresolved.
  • Were applying in their country of nationality or residence.
  • Had no apparent ineligibility or legal issues.

What Are The New Interview Waiver Criteria?

Effective immediately (February 18, 2025), DOS has narrowed the qualifying criteria to:

  • A visa applicant in one of the following classifications:
    • 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,
    • TECRO E-1,
    • Diplomatic or official-type visas.
  • A visa applicant in the same category that expired less than 12 months prior to the new application (a rollback from the 48-month window introduced during the pandemic).

DOS guidance also notes that applicants in other categories (e.g., H, L, O, etc.) may still qualify for an interview waiver if their prior visa in the same category expired within 12 months and they meet all other requirements.

Regardless of visa classification, applicants must also:

  1. Apply in their country of nationality or residence;
  2. Have never been refused a visa, unless the refusal was later overcome or waived; and
  3. Have no apparent or potential ineligibility for a U.S. visa.

Moreover, interview waivers are ultimately discretionary, and individual consulates or embassies can have additional criteria for interview waivers. Applicants should always confirm the specific requirements of the post where they plan to apply.

What Does This Update Mean for Employers and Applicants?

The tightening of interview waiver rules will almost certainly increase visa appointment wait times, particularly in high-volume countries. Employers and visa applicants should:

  • Plan further ahead for visa applications, building in extra time for potential in-person interviews.
  • Monitor DOS updates and embassy/consulate announcements to stay on top of evolving requirements.
  • Prepare employees who need international travel for work, ensuring that they understand the timelines and documentation needed.

Reapplying under The New Criteria

DOS has not yet clarified how it will handle applicants currently in progress. Reports to Seyfarth’s Global Mobility & Immigration Team reflect that:

  • Some applicants who had previously been approved for an interview waiver but have not received their visas are being turned away and asked to reapply for an in-person appointment.
  • It remains unknown whether visa application fees will be reimbursed if the applicant is forced to switch from an interview waiver process to an in-person interview.

If you or your employees no longer meet the former criteria, it is crucial to schedule an in-person interview as soon as possible. Always check the website of the specific embassy or consulate to verify the most up-to-date procedures and eligibility requirements.

Conclusion

The recent changes to the U.S. visa interview waiver program mark a return to more restrictive visa standards. These recent updates pose challenges for many employment-based visa holders, signaling the importance of understanding new criteria and proactively preparing for these changes.

Seyfarth is continuously monitoring this update and will be providing guidance as it changes.