GMS Flash Alert 2024-002 United States – Nonimmigrant Visa Interview Waivers Expanded (January 5, 2024)

© 2024 KPMG LLP, an Ontario limited liability partnership and a member firm of the KPMG global organization of independent member firms affiliated with KPMG International Limited, a private English company limited

2024-002 | January 5, 2024

United States – Nonimmigrant Visa

Interview Waivers Expanded

Effective January 1, 2024, the U.S. Department of State (DOS) expanded interview waivers to additional nonimmigrant

visa applicants.

Furthermore, the DOS extended the eligibility for an interview waiver to applicants seeking to renew a

nonimmigrant visa within 48 months of the prior visa’s expiration, so long as the new application is in the same visa

classification.

WHY THIS MATTERS

The DOS’s previous interview-waiver-eligibility criteria expired on December 31, 2023, so the extension of the policy is

welcome news. Not only was the waiver program extended, additional nonimmigrant categories have been included.

The current guidance is to remain in place indefinitely as there was no expiry date. This avoids the need for DOS to

authorize and extend the policy each year.

Companies and applicants need to have the most up-to-date information on consulate policies when the time arrives to

renew their visas. They should thoroughly understand the criteria in order to determine whether they require an in-person

consular interview or may be eligible to courier their application package directly to the consular post if the interview is

waived.

Details of the Update

The DOS’s consular officers are now authorized to issue interview waivers for the following visa categories:

• Initial H-2 visa applicants (temporary agricultural and non-agricultural workers); and

2024-002 | January 5, 2024

• Nonimmigrant visa applicants applying for any nonimmigrant visa classification, so long as the applicant:

➢ was previously issued a nonimmigrant visa in any classification, unless the only prior issued visa was a

B1/B2 visa; and

➢ is applying within 48 months of the expiry of their most recent nonimmigrant visa.

As a reminder, the following general legal requirements for an interview waiver remain in place:

• The applicant must apply in his/her country of residence or nationality;

• The applicant must have never been refused a visa (unless the refusal was overcome or waived); and

• The applicant must have no apparent or potential ineligibility.

KPMG INSIGHTS

Unlike the previous DOS’s guidance, the new policy does not list specific visa categories. Instead, the new guidance

applies to all nonimmigrant visa applicants applying for any nonimmigrant visa classification. It is expected that

implementation of the interview-waiver policy will continue to evolve and be reviewed by the DOS annually.

Applicants must keep in mind that the interview-waiver determination is made on a case-by-case basis and ultimately

falls to the consular officers in the consular post at which they are applying. Companies and applicants are encouraged

to consult the website and customer support channels for the chosen consular post so that they may find any information

specific to it.

KPMG Law LLP will continue to monitor developments and provide updates as they become available.

FOOTNOTE:

1 Department of State (DOS), “Important Update on Waivers of the Interview Requirement for Certain Nonimmigrant

Visa Applicants,” (December 21, 2023).

* * * *

For additional information or assistance, please contact your local GMS or People Services professional* or one of the

following professionals with the KPMG International member firm in Canada:

Kirsten Kelly

Partner,

U.S. Immigration

KPMG Law LLP – Tax + Immigration, Canada

Tel. +1 416-777-3688

[email protected]

Alexander Tolic

Associate, Attorney,

U.S. Immigration

KPMG Law LLP – Tax + Immigration, Canada

Tel. + 1 416-468-7553

[email protected]

* Please note the KPMG International member firm in the United States does not provide immigration or labour law services. However, KPMG Law

LLP in Canada can assist clients with U.S. immigration matters.

The information contained in this newsletter was submitted by the KPMG International member firm in Canada.

www.kpmg.com

© 2024 KPMG LLP, a Delaware limited liability partnership and a member firm of the KPMG global organization of independent member firms affiliated with KPMG International Limited, a private English company limited

The KPMG name and logo are registered trademarks or trademarks of KPMG International. The KPMG name and logo are trademarks used under license by the independent member firms of the KPMG global

organization.

KPMG LLP is the U.S. firm of the KPMG global organization of independent professional services firms providing Audit, Tax and Advisory services. The KPMG global organization operates in 147 countries and territories

and has more than 219,000 people working in member firms around the world.

Each KPMG firm is a legally distinct and separate entity and describes itself as such. KPMG International Limited is a private English company limited by guarantee. KPMG International Limited and its related entities do

not provide services to clients.

GMS Flash Alert is a publication of the KPMG LLP Washington National Tax practice.

kpmg.com/socialmedia