As previously reported in our July issue of Spotlight and in the July 20, 2003 news item posted on our website, effective August 1, 2003, a new State Department policy will require U.S. Consulates to schedule personal interviews for all nonimmigrant visa applicants with only a few exceptions. According to the new policy, after August 1, 2003, consular officers only have the discretion to waive the personal interview if the visa applicant does not present a national security concern and s/he is: 

1. a child 16 years of age or under;
2. a person 60 years of age or older;
3. 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. an applicant for a diplomatic or official visa;

5. 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. an alien for whom a waiver of personal appearance is warranted in the national interest or because of unusual circumstances.

In addition, personal interviews will continue to be required for visa applicants:

1. Aged 16 or over who were born in, or hold a passport from North Korea, Cuba, Syria, Sudan, Iran, Iraq or Libya;
2. Not residing in the consular district where they are making a visa application;
3. Previously refused visas (unless the refusal was overcome);
4. Subject of a CLASS hit¹, or require a security advisory opinion or other government clearance; (exceptions can be made for A and G visas); and
5. Identified by the Consular 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 because of these changes and the number of individuals who apply for visas to enter the U.S., you should expect delays for all nonimmigrant visa applications at all Consular posts.  Therefore, it is imperative that every visa applicant review and carefully follow the precise instructions provided on the Consulates' website where they will be applying for a visa.  If an interview is required, we recommend that visa applicants contact the Embassy as soon as possible to schedule the interview. Applicants must be careful to follow all procedures and present all required documents in order to avoid a rejection of the application and further processing delays. As a general rule, Consulates will not issue the visa and return the applicant's passport the same day as the interview. Rather, the passport will be returned to the applicant via a delivery service, normally within 20 days, but it can take longer, particularly if the applicant is subject to a lengthy security check.

Information on visa processing procedures at U.S. Consulates around the world is available on our homepage by clicking on "U.S. consulates and embassies abroad" in the quick access section.  We expect that processing times at all U.S. consulates, and particularly at the busiest ones, such as London, Paris, Tel Aviv and Madras, will increase as the interview requirement is implemented.  Delays in visa issuance caused by additional security background checks may further lengthen the processing times.  

Accordingly, we strongly urge you to advise your foreign national employees who will require visas to reenter the U.S. that advance planning for an international trip is critical.  They, as well as their hiring managers, need to understand that delays are inherent in the visa application process and that itineraries may need to be adjusted to allow sufficient time to obtain the necessary visas. 

Finally, note that in some cases it is possible for foreign nationals to revalidate their visas in the U.S. The Diplomatic Liaison/Visa Revalidation Division of the Visa Office accepts applications for revalidation of E, H, I, L, O, and P visas from applicants who are in lawful nonimmigrant status in the U.S. and who hold a visa of the same category as that for which they are applying. Furthermore, the visa must be within sixty days of expiration or if expired, is within one year of its expiration date. The visa applicant's nationality must be the same as it was when his/her previous visa was issued.  Note that the Visa Revalidation Division of the Visa Office does not revalidate visas for nationals of Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria.   For current processing times and more information on the visa revalidation procedure, please see our website under "v" for visa revalidation.  Please note that revalidations are currently taking at least 12 weeks and it is anticipated that this time frame will increase.

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