State Department Narrows Eligibility For Nonimmigrant Visa Interview Waiver

On February 18, 2025, the State Department narrowed the categories of applicants eligible for a nonimmigrant visa interview waiver, rescinding a 2023 update that had expanded eligibility. Under the updated program, consular offices have the authority and discretion to waive the in-person interview only for the following categories:

• Applicants who previously held a visa in the same category that expired within the 12 months prior to the new application;

• A-1, A-2, C-3, G-1, G-2, G-3, G-4, NATO-1 through NATO-6, or TECRO E-1; and

• Applicants for diplomatic- or official-type visas.

To be eligible for the waiver, these applicants must also meet the following criteria:

• Apply 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.

This update to narrow eligibility is expected to increase appointment wait times.

It is important to note that the State Department has granted Consular Officers discretion to waive the in person interviews for individuals who meet the above criteria. However, each Consular Post retains discretion with respect to how these waivers can be requested and under what circumstances it will grant interview waivers. As such, eligibility for an interview waiver does not guarantee that one will be granted in any specific case.

D&S Update: Delay of Effective Date of Final Rule on Parole for Start-Up Entrepreneurs

The Department of Homeland Security (DHS) has issued an update to the Federal Register postponing the effective date of the Final Rule on Parole for Start-Up Entrepreneurs until March 14, 2018.

Prior to the postponement, the rule was set to become effective next week, on July 17, 2017. Once effective, the rule would permit DHS to grant parole to qualified foreign entrepreneurs on a case-by-case basis where the entrepreneur can demonstrate, substantial and demonstrated potential for rapid business growth and job creation and that they would provide a significant public benefit to the United States.

According to DHS, this delay will provide an opportunity to obtain comments from the public regarding a proposal to rescind the rule pursuant to the Trump Administration's January 25, 2017 Executive Order, ‘‘Border Security and Immigration Enforcement". 

Comments are due by August 10, 2017.