On Sept. 18, the State Department announced that it has revised the eligibility criteria for nonimmigrant visa (NIV) interview waivers. Effective Oct. 1, 2025, the State Department will update the categories of applicants who may be eligible for a waiver of the NIV interview.

Key Points:

  • The State Department added to the categories of applicants who may be eligible for interview waiver the following:
    • Applicants renewing an H-2A visa within 12 months of the prior visa’s expiration, provided the prior visa was issued for full validity and the applicant was at least 18 years old
  • To qualify for a waiver, applicants must also meet certain criteria, including:
    • Apply in their country of nationality or usual residence (except diplomatic and certain official visa applicants)
    • Have never been refused a visa, unless the refusal was overcome or waived
    • Have no apparent or potential ineligibility
  • Officers may require interviews on a case-by-case basis for any reason.

Additional Information: The State Department previously revised the NIV interview waiver criteria, limiting the categories of applicants who may qualify for interview waiver and requiring all other NIV applicants, including children under the age of 14 and adults over the age of 79, to appear for an interview. Applicants should consult the website of the relevant U.S. embassy or consulate for specific procedures and operating status. This update supersedes the July 25, 2025, Interview Waiver Update.

This alert has been provided by the BAL U.S. Practice Group.

Copyright © 2025 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.