Based on a recent Department of State (DOS) cable, consular officers have been advised that the interviews for nonimmigrant visa applicants should no longer be routinely waived. In an effort to increase homeland security the regulations regarding nonimmigrant visa issuance have been drastically changed. Prior to this cable, consular officers, especially at lower risk posts, could waive the interview requirement for nonimmigrant visa applicants. Based on the new changes, such waivers will no longer be allowed.  

The consequence of this change is that millions of individuals will now need to be interviewed prior to receiving visas and it is likely that the application processing time will dramatically increase between the security checks and the sheer volume of visa applicants. The DOS regulations and Foreign Affairs Manual have been revised so that the requirement for personal appearance for nonimmigrant visa applicants can in general be waived by a consular officer only for a person who the consular officer concludes presents no national security concerns requiring an interview 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;
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. Furthermore, personal appearance is required in all cases where applicants meet one of the following criteria: 

1. Do not reside in the consular district where they are making application;
2. Were previously refused visas (unless the refusal was overcome);
3. Are the subject of a CLASS hit, or require a security advisory opinion or other Department clearance; (exceptions can be made for A and G visas); and
4. Are identified by post as belonging to a group or sector of its visa clientele representing a high fraud risk, high refusal rate, or a security threat.

The bottom line is that based on these changes and the number of individuals who apply for visas to enter the U.S., you should expect delays for any nonimmigrant visa applications at all Consular posts. Please note that the DOS specifically states in its cable that "the Department realizes that the new regulation will necessitate substantial changes in how posts handle NIV applications. Some posts may find that personnel and/or facility resources are not adequate to handle the additional number of interviews. Workload management will become more important than ever and posts that do not already have appointment systems should immediately explore implementing them. The Department appreciates that many posts will face interview backlogs." In the past, when there have been visa processing delays, we could request support from Congressional representatives. Since 9/11, such assistance has been unavailable due to national security concerns. 

Any individual with foreign travel which will require applying for a new visa application at a Consulate needs to be aware of the potential delays and be prepared to remain outside the U.S. for a protracted period of time, potentially, months.

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