On December 23rd, 2021, the U.S. Department of State (DOS) announced that it would authorize consular officers to temporary waive, at their discretion, in-person consular interviews for certain employment nonimmigrant visa applicants through December 22, 2022. The interview waiver procedures can be found in detail in the Foreign Affairs Manuel (FAM) at 9 FAM 403.5-4(A)(1)(U). Applicants for interview waiver must apply for a visa in their country of nationality or residence.

The waiver applies to certain temporary employment nonimmigrant visa applicants who have a petition approved by the U.S. Citizenship and Immigration Services (USCIS) on H, L, O, P, and Q Visa categories who meet certain conditions:

• Were previously issued any type of visa, and who have never been refused a visa unless such refusal was overcome or waived, and who have no apparent ineligibility or potential ineligibility; or
• Are first-time individual petition-based H-1, H-3, H-4, L, O, P, and Q who are citizens or nationals of a country that participates in the Visa Waiver Program (VWP), with no prior ESTA denials, provided they have no apparent ineligibility or potential ineligibility and have previously traveled to the United States using ESTA.

In addition, DOS extends the previously issued interview waiver policy until December 31st, 2022 for certain students, professors, research scholars, short-term scholars, or specialists on F, M, and academic J visas (excluding nationals of the People’s Republic of China), in one of the following categories:

• Were previously issued any type of visa, and who have never been refused a visa unless such refusal was overcome or waived, and who have no apparent ineligibility or potential ineligibility; or
• Are first-time  F, M, and academic J visa applicants who are citizens or nationals of a country that participates in the Visa Waiver Program (VWP), with no prior ESTA denials, provided they have no apparent ineligibility or potential ineligibility and have previously traveled to the United States using ESTA.

The December 23rd, 2021 announcement also extends the non-immigrant interview waiver until December 31st 2022 to:

• H-2 visa applicants (temporary agricultural and non-agricultural workers);
• Applicants renewing any visa not more than 48 months after the date on which the prior visa expired (i.e., same visa class and same category of applicant within that visa class (principal or derivative));

In Practice: non-immigrant visa applicants eligible for in-person interview waiver must pay the fees and select a visa interview date for a visa appointment. In most cases, it is not necessary to make a request for an in-person interview waiver, since the applicant will be evaluated automatically when eligible. The applicant must select an interview appointment date nevertheless, and assume that he/she has to attend the appointment in-person until a decision of the in-person interview waiver is received. This decision may not come immediately, but at approximately one or two weeks prior to the appointment. Once selected for an interview waiver, the visa applicant receives instructions to mail in the passport directly to the U.S. Consulate

The DOS announcement also stated that applicants should " check the website of the relevant U.S. embassy or consulate to confirm the level of services currently offered and to find guidelines for applying for a visa without an interview."

9 FAM 403.5-4(B)(U) also states that:

(U) Eligibility for interview waiver does not automatically entitle an applicant to a waiver of the interview requirement. You must interview any interview waiver-eligible applicant who you believe should be interviewed to assess their eligibility, or those who may be from high-threat or high-fraud areas. Review all source information and liaise with other agencies at post to remain aware of changing threat information.