U.S. to allow waiving of in-person interviews for H-1B, other visas through 2022

Amid growing concerns of surging COVID-19 cases, the US has announced that it will waive the in-person interview requirement for a range of visa applicants during the entire year in 2022, including for H-1B workers and students, many of whom are from India.

The H-1B visa is a non-immigrant visa that allows U.S. companies to employ foreign workers in specialty occupations that require theoretical or technical expertise.

Technology companies depend on it to hire tens of thousands of employees each year from countries like India and China.

The Department of State announced that consular officers are now temporarily authorized, through December 31, 2022, to waive in-person interviews for certain individual petition-based nonimmigrant work visas and their qualifying derivatives in the following categories: Persons in Specialty Occupations (H-1B visas), Trainee or Special Education Visitors (H-3 visas), Intracompany Transferees (L visas), Individuals with Extraordinary Ability or Achievement (O visas), Athletes, Artists, and Entertainers (P visas), and Participants in International Cultural Exchange Programs (Q visas).

Additionally, the Secretary of State has extended consular officers’ current ability to waive the in-person interview, through December 31, 2022, for the following other categories of nonimmigrant visas: Temporary Agricultural and Non-agricultural Workers (H-2 visas), Students (F and M visas), and Student Exchange Visitors (Academic J visas), the press release said.

Embassies and consulates may still require an in-person interview on a case-by-case basis and dependent upon local conditions. Applicants should check embassy and consulate websites for more detailed information about this development, as well as current operating status and services, it said.

The state department said, “It recognizes the many contributions of international visitors to our communities and campuses and the positive impact of temporary work visa holders on the US economy and is committed to facilitating nonimmigrant travel and reducing visa wait times.” The State Department also said it has extended indefinitely the authority to waive the in-person interview for applicants renewing a visa in the same visa class within 48 months of the prior visa’s expiration.

The COVID-19 pandemic resulted in profound reductions in the Department’s visa processing capacity.

The new authorization also applies to temporary workers applying for H-1, H-3, H-4, L, O, P, and Q visas who meet certain conditions, including that they are applying for a visa in their country of nationality or residence, the press release said.

Under this authority, consular officers have discretion to waive the visa interview requirement for individual petition-based H-1, H-3, H-4, L, O, P, and Q 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-3, H-4, L, O, P, and Q 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 using an authorization obtained via the Electronic System for Travel Authorization (ESTA).

Image courtesy of (Image Courtesy: The Indian Express)

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