DOS Issues Regulations on Interviews for NIV Applicants
Posted Jul 18, 2003

On July 7, 2003, the U.S. Department of State (DOS) issued regulations outlining who will be required to appear for a personal interview before a consular officer to obtain a nonimmigrant visa (NIV). In the past, many persons were exempt from an interview when applying for an NIV. According to the new regulation, an interview will always be required for all NIV applicants, with six limited exceptions.

Following the attacks of September 11, 2001, the DOS undertook a thorough review of its visa application and issuance procedure. As a result of that review, consular officers began to interview a much larger percentage of nonimmigrant visa applicants than before 9/11. The DOS decided to issue specific regulations codifying this practice “to reflect the current scope and use of consular and Departmental personal appearance waiver authority.” At the interview, the consular officer will determine the proper nonimmigrant classification and the applicant’s eligibility.

Regulations now only permit a waiver of the interview requirement in the following six circumstances:

a) for children age 16 and under;

b) persons age 60 and older;

c) most of the applications within the A, C-2, C-3, G, or NATO classes of nonimmigrants (with the exception of attendants);

d) foreign nationals applying for diplomatic or official visas;

e) applicants who, within 12 months of the expiration of their previous visas, are seeking re-issuance of nonimmigrant visa status in the same classification at the consular post of the foreign nationals’ usual residences, and for whom the consular officer has no indication of noncompliance with U.S. immigration law; and

f) foreign nationals for whom waivers of personal appearance are warranted in the national interest or because of unusual circumstances.