INTERVIEWS REQUIRED FOR NIVs

All consulates have been instructed to significantly scale back the practice of waiving interviews for many nonimmigrant visa applicants. In turn, we expect that interview scheduling queues will lengthen. Nonimmigrant visa classes compelled to attend personal interviews include many of the most popular visa classes -- H-1B, L-1, O-1, B-1, and F-1.

A variety of federal guidelines, including 22 CFR part 41.102 and 9 FAM 41.102, have been revised so that the requirement for personal appearance for nonimmigrant visa applicants can only be waived if the applicant presents no national security and who:

(1) Is a child 16 years of age or under;
(2) Is a person 60 years of age or older;
(3) Is within a class of nonimmigrants classifiable under the visa symbols A-1, A-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 and who is seeking a visa in such classification;
(4) Is an applicant for a diplomatic or official visa as described in sections 41.26 and 41.27, respectively;
(5) Is an applicant who within twelve months of the expiration of the applicant's previously issued visa is seeking re-issuance of a nonimmigrant visa in the same classification at the consular post of the alien's usual residence, and for whom the consular officer has no indication of visa ineligibility or noncompliance with U.S. immigration laws and regulations.
(6) Is an alien for whom a waiver of personal appearance is warranted in the national interest or because of unusual circumstances.

The regulation also permits the Department to direct an interview notwithstanding these waiver provisions.