NIV Interview Waiver Program Now Permanent

The Department of State (DOS) has announced that the Nonimmigrant Visa (NIV) Interview Waiver Pilot Program, introduced by President Obama in 2012, has now been made permanent. 

Generally, all NIV applicants are required to make a personal appearance and be interviewed by a consular officer.  Additionally, the visa applicant is required to provide biometric identifiers (photo and fingerprints) for verifying his/her identity. 

Under the NIV Interview Waiver Program, consular officers are allowed to waiver NIV interviews for visa applicants who are renewing their visa more than 12 months but less than 48 months of the expiration of the previous visa, and within the same classification as the previous visa.  Applicants for an E, H, L, P, or R visa are not eligible for an Interview Waiver. 

Notwithstanding the NIV Interview Waiver Program, the consular officer may not waive in-person interview requirements for an applicant who was previously refused a visa, requires a Security Advisory Opinion (SAO), is listed in the Consular Lookout and Support System (“CLASS”), may have failed to comply with the U.S. immigration laws in the past, or is a national of a country designated as a state sponsor of terrorism. 

Along with making NIV Interview Waiver Program permanent, the State Department has also make permanent the pilot program permitting interviews to be waived for certain first time visa applicants who are holding Brazilian passports and are younger than 16 or older than 66 provided the applicants: (1) are applying for the first time or renewing their previous visa and (2) are citizens or residents of the country in which they are applying for a visa.