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May 23, 2003
Interviews to be Required for Almost all Nonimmigrant Visa Applicants
Confirming what has long been rumored, the State Department issued a
cable yesterday officially curtailing the discretionary issuance of visas
without a personal interview. In the past, the regulations granted consular
officers discretionary power to waive the requirement for an interview for
nonimmigrant visa applicants. The change in the regulations curtails this
discretion and allows for a waiver of an interview only for individuals
who fall into certain categories outlined in the regulations.
According to the new regulations, an interview can be waived by a consular
officer only for individuals who they decide is not a national security
risk and if the individual is:
- a child 16 years of age or under; or
- is an individual 60 years or older; or
- qualifies for a N-1, N-2, C-2, C-3, G-1, G-2, G-3, G-4, NATO-1, NATO-2,
NATO-3, NATO-4, NATO-5, or NATO-6 status and who is seeking such a visa
in that status;
- is an applicant for a diplomatic or official visa; or
- is an applicant whose previous visa expired within the past 12 months
and is applying for a new visa in the same classification at the consular
post of their usual residence and for who the officer has no indication
of visa ineligibility or noncompliance with US immigration laws and regulations;
or
- is an alien for whom a waiver of the personal interview is warranted
in the national interest or because of unusual circumstances such as a
medical condition that prevents a personal appearance.
However, the regulation notes that even if an individual falls into one
of the above categories, a consular officer can still require an interview.
The cable directs posts to implement these new regulations as soon as possible
but no later than August 1, 2003.
It is estimated that this change in the regulation will result in around
90% of nonimmigrant visa applicants being required to appear for personal
interview. The implementation of this regulation is expected to create backlogs
in visa processing at U.S. Embassies and Consulates worldwide as posts work
to implement new systems and procedures to interview visa applicants. In
addition, it is likely posts will not allow third country nationals to process
visas at consulates except in limited circumstances as the consulates will
give priority to processing the citizens of the countries they are located
in.
GT will continue to monitor the implementation of this revised regulation
and the impact on visa processing at US Consulates and Embassies abroad.
State Department cable (PDF/59 kb, 4 pages)
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