Certain H1B and L-1 Applicants Eligible for Visa Interview Waiver in India

The U.S. Embassy, New Delhi, India recently announced the expansion of the Interview Waiver Program (IWP) for certain visa applicants in India. The expanded program now includes H1B and L-1 visa applicants as well as certain students, provided that they meet specific requirements. Details regarding this important change are provided here for MurthyDotCom readers.

Background: IWP Initiated in March 2012

The U.S. Department of State (DOS) initiated the visa IWP in early 2012. The intention of the pilot program was to facilitate travel to the United States for business and tourism. Information on the IWP is available on MurthyDotCom in our NewsBrief, Visa Interview Waiver Program: Two-Year Pilot (13.Apr.2012).

For Indian applicants, eligibility is based upon either age or visa category. Initially, the program applied to applicants under seven or over 80 years of age, regardless of visa category. For all others, eligibility was limited to the following visa categories: B-1, B-2, J-2, H-4, L-2, C, and D. These applicants continue to be eligible for the IWP.

Expansions and Limitations of IWP

Under the expansion of the IWP announced in late November 2012, qualification has been expanded to:

  • Children under 14 years of age, applying in any visa category
  • Students, provided they are returning to the same school and program
  • H1B workers
  • L1A and L1B workers with individual (not blanket) petitions

The IWP continues to be limited to individuals seeking to renew visas in the same categories as their previously issued visas. Applicants must be renewing visas that are still valid or that expired within the last 12 months. An applicant in possession of a visa with the notation clearance received, is not eligible for the IWP.

IWP is Discretionary

The fact that an individual meets the basic requirements for the IWP does not guarantee that the visa will be renewed without an interview. Additionally, it may be necessary to undergo a biometric appointment for fingerprinting and photographing. The IWP waives only the visa interview; it does not waive the requirement to obtain a visa if needed for travel to the United States. Applicants must still submit the appropriate visa application and filing fee. More details are available on the U.S. Embassy, New Delhi, India WebSite.

The IWP is a step in the right direction, particularly given the volume of visa applications in India. It allows consular resources to be better utilized by allowing for the waiver of an in-person interview in many visa renewal cases.

Copyright © 2012, MURTHY LAW FIRM. All Rights Reserved

Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.