Department of State Announces Discretionary Waiver of Consular Interviews for H-1Bs, H4s, L-1s, and O Visas

State Department Consular Officers are granted authority to waive in-person interviews through the end of 2022 for temporary workers applying for H-1, H-4, L, O, and P visas (among others) who meet certain conditions, including that they are applying for a visa in their country of nationality or residence.

Officers have discretion to waive the visa interview requirement for individual petition-based H-1, H-4, L, O, P, applicants who were previously issued any type of visa, and who have never been refused a visa unless such refusal was overcome or waived, and who have no apparent ineligibility or potential ineligibility; or first-time individual petition-based H-1, H-4, L, O, and P (among others) who are citizens or nationals of a country that participates in the Visa Waiver Program (VWP), provided they have no apparent ineligibility or potential ineligibility and have previously traveled to the United States under ESTA.

The Secretary of State also extended previously approved policies to waive the visa interview for certain students, professors, and scholars (F, M, and academic J visa applicants) through the end of 2022.

Erickson Insights

Erickson Immigration Group will continuously check visa appointment availability to further understand and advise on the impact of this announcement on appointment backlogs. EIG will continue to share updates as more news is available. If you have questions about anything we’re reporting above or case-specific questions, please contact your employer or EIG attorney.