Breaking News: Changes to Interview Waivers for Certain Nonimmigrant Visa Applicants
John Montesanti • January 4, 2024
In a recent development that significantly impacts the immigration landscape, the Secretary of State, in consultation with the Department of Homeland Security, has announced crucial updates to the interview waiver process for certain nonimmigrant visa applicants. This update, effective from January 1, 2024, reflects the government's commitment to streamlining processes while prioritizing national interests.
What Does this Mean?
This change allows the consular officers more authority and discretion to waive the in-person interview for certain nonimmigrant visa applicants.
Who Benefits from the Interview Waiver?
1. First-Time H-2 Visa Applicants:
- This includes temporary agricultural and non-agricultural workers.
- Those who were previously issued a nonimmigrant visa in any classification, except for B visas.
- Applicants applying within 48 months of their most recent nonimmigrant visa's expiration date.
Key Conditions for Interview Waiver Eligibility:
To be eligible for an interview waiver, applicants must meet specific legal requirements. These include:
- Applying in their country of nationality or residence.
- Have never been refused a visa, unless such refusal was overcome or waived.
- Have no apparent or potential ineligibility.
Implementation and Duration:
The authority to waive in-person interviews is set to begin on January 1, 2024, and will undergo annual reviews. Importantly, this policy will remain in effect until further notice.
Renewals within 48 Months:
Applicants renewing a nonimmigrant visa in the same classification within 48 months of the prior visa's expiration date will continue to be eligible for interview waivers until further notice.
Consular Discretion and Case-by-Case Basis:
While consular officers now have the discretion to waive interviews, they may still require in-person interviews on a case-by-case basis or due to local conditions.
Stay Informed and Plan Accordingly:
As these changes come into effect, it's essential for applicants to stay informed about the embassy's operating status and services. Therefore, applicants are encouraged to regularly check embassy and consulate websites for the most up-to-date information and details on visa application requirements and procedures.
Conclusion:
This latest development is a positive step towards facilitating a more efficient visa application process for specific nonimmigrant categories.
For personalized guidance on your immigration matters or to understand how these changes may affect your specific case, we encourage you to reach out to Santos Lloyd Law Firm’s expert legal team.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
U.S. Citizenship and Immigration Services (USCIS) has announced a major change to the H-1B cap selection process. Under a final rule issued on December 29, 2025, USCIS will replace the long-standing random H-1B lottery with a wage-weighted selection system that favors higher-paid and more complex positions. The rule is scheduled to take effect on February 27, 2026 , just ahead of the fiscal year 2027 H-1B cap registration season, unless delayed by legal challenges. If implemented, USCIS is expected to release additional guidance explaining how employers must submit registrations under the revised process. This change marks one of the most significant reforms to the H-1B program in recent years. Up until 2025, all registrations were treated equally once the annual cap was reached. Under the new system, selection odds will be tied to wage levels based on the U.S. Department of Labor’s Occupational Employment and Wage Statistics data. All H-1B registrations will still be placed into a single selection pool, but registrations tied to higher wage levels will receive multiple entries into that pool, increasing their likelihood of selection. Lower wage levels will receive fewer entries, making selection less likely but not impossible. H-1B wage levels are not determined solely by salary. Each wage level reflects the complexity of the job, the level of responsibility involved, and the education and experience required . Entry-level positions involving routine duties and close supervision are generally classified at the lowest wage level, while positions requiring independent judgment, advanced skills, and significant responsibility fall into higher wage levels. The highest wage level is reserved for roles that involve expert knowledge, strategic decision-making, and substantial leadership or technical authority. USCIS is expected to closely scrutinize selected petitions to ensure that the wage level claimed during registration is supported by the job duties and salary offered in the petition. Any discrepancies between the registration and the petition may result in requests for evidence, denials, or enforcement action. With the elimination of the purely random lottery, employers should begin preparing early by carefully evaluating job descriptions, wage levels, and overall H-1B strategy. Accurate classification and thoughtful planning will be essential under this new wage-based selection system. If you are an employer considering H-1B sponsorship, or a foreign professional wondering whether your position may qualify under the new wage-based system, consulting with experienced immigration counsel is more important than ever. Santos Lloyd Law is actively advising clients on H-1B cap registrations and strategy under the new rules. To discuss your options or determine whether you may qualify, contact our office to schedule a consultation.
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