DOS Cable on New NIV Interview Criteria
Posted Jul 15, 2005
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The U.S. Department of State (DOS) issued a cable in May 2005 that changes who must be interviewed before obtaining a nonimmigrant visa (NIV) from a U.S. consulate abroad. This cable was issued pursuant to the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA).
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Increased Age Range of Persons who Must be Interviewed
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The primary change is that all NIV applicants, ages 14 to 79, must be personally interviewed. Previously, interviews were required for persons between the ages of 16 and 60. The new age requirements match the biometrics age requirements, which have been in place for some time. There are limited waivers of this requirement.
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Others who Must be Personally Interviewed
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Candidates who now must be interviewed include :

• NIV applicants who are not nationals or residents of the country in which they are applying for an NIV
   
• NIV applicants who have been previously refused a visa or who are listed in the CLASS security system (Exceptions to the requirement for those with visa denials include cases where: the visa was refused temporarily and the refusal was subsequently overcome; the NIV applicant was found inadmissible but the inadmissibility was waived; or the NIV applicant is eligible for certain interview waivers.)
   
• NIV applicants, regardless of age, from countries designated by the U.S. Secretary of State as state sponsors of terrorism

Foreign Diplomats or Foreign Officials and Other Waivers
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In most instances, foreign diplomats and foreign officials may still obtain a nonimmigrant visa without being subject to a personal interview. Waivers may be available for other individuals in limited circumstances, but most people who fall into one of the categories above should expect to have an in-person NIV interview before obtaining the visa.
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Conclusion
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The change in the age requirement will likely increase the number of persons who must have a personal interview. Therefore, it is even more important to schedule an NIV consular appointment as early as possible if the consulate with jurisdiction over the NIV is a particularly busy consulate, such as Chennai or Mumbai in India, Manila in the Philippines, Guangzhou in China, or Mexico City in Mexico.