9 FAM 403.5
(U) NIV Interview by Consular Officer
(CT:VISA-1906; 02-08-2024)
(Office of Origin: CA/VO)
9 FAM 403.5-1 (U) STATUTORY, regulatory, and other Authorities
9 FAM 403.5-1(A) (U) Immigration and Nationality Act
(CT:VISA-1; 11-18-2015)
(U) INA 222(h) (8 U.S.C. 1202(h)).
9 FAM 403.5-1(B) (U) Code of Federal Regulations
(CT:VISA-93; 03-17-2016)
(U) 22 CFR 41.101; 22 CFR 41.102.
9 FAM 403.5-2 (U) Interview Requirement
(CT:VISA-1749; 04-04-2023)
a. Unavailable
b. (U) Every applicant seeking an NIV must apply in person and be interviewed by a consular officer unless a specific exception allows for waiver of the interview requirement.
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(1) (U) Generally, all applicants who are at least 14 years of age and not more than 79 must be interviewed in person. The Department requires NIV applicants to physically appear before a consular officer for a visa interview unless the interview requirement has been waived. Following an in-person interview, if you decide that more information is needed from the applicant, you should contact the applicant promptly to request it.
(2) (U) The circumstances in which you may waive an interview for an NIV applicant are limited to the categories set out in section 222(h)(1)(A) and (B) of the INA. See also 9 FAM 403.5-4(A) below.
(3) (U) If you receive a case that does not qualify for an interview waiver under one of these categories, but an interview waiver appears warranted, you may forward a recommendation for waiver through your VO/F post liaison.
(4) (U) If the applicant is within one of the categories set forth in 9 FAM 403.5-4(B) paragraph c below, for example, because eligibility issues or national security concerns arise in the visa application, you must conduct an in-person interview of the applicant.
d. (U) If none of the grounds in 9 FAM 403.5-4(B) below that mandate an in-person interview apply, any applicant (first-time or renewal) who is:
(1) (U) Under 14 years of age; or
(2) (U) Over 79 years of age
is exempt from the requirement of a visa interview.
9 FAM 403.5-3 (U) Nonimmigrant Visa Interviews
(CT:VISA-1749; 04-04-2023)
(U) The steps in the NIV process are discussed in detail in 9 FAM 403.2 – 9 FAM 403.12.
9 FAM 403.5-4 (U) Waivers of Interview Requirement
(CT:VISA-1387; 10-14-2021)
a. (U) Under INA 222(h), any applicant applying for an NIV who is at least 14 years of age and not more than 79 years of age must submit to an in-person interview unless an exception applies.
b. (U) The waiver of the interview requirement for an applicant does not change the requirements and standards of existing regulations and instructions regarding security checks, visa classification, number of entries, and validity of visas. Even in cases in which the interview is waived, each case must have an associated DS-160 or, in exceptional cases as outlined in 9 FAM 403.2-5(A), alternate paper forms.
9 FAM 403.5-4(A) (U) Waiver of Interview
(CT:VISA-1833; 09-20-2023)
a. (U) If the individual is not already exempt from the requirement for an interview based on their age in accordance with 9 FAM 403.5-2 paragraph d above, you may waive the in-person interview requirement for an applicant if the applicant falls within a waiver category described in 9 FAM 403.5-4(A)(1) below and the applicant is not within one of the categories set forth in 9 FAM 403.5-4(B) below.
b. (U) If the applicant does not fall within a waiver category outlined in 9 FAM 403.5-4(A)(1) below, and if the applicant is not ineligible for interview waiver under 9 FAM 403.5-4(B) below, but you believe waiving the interview would be in the national interest of the United States or is necessary due to unusual or emergent circumstances under 9 FAM 403.5-4(A)(1) paragraphs b or c, contact your VO/F post liaison to determine if a waiver is available.
c. (U) Exercise the interview waiver authority with judgment and care. You remain ultimately responsible for the final decision. You must request an interview if the applicant is within one of the categories set forth in 9 FAM 403.5-4(B) paragraph c below, if, for example, additional information or clarification is needed as to the applicant's intentions or qualifications for a NIV before the issuance of a visa. You always have the option to require an interview of any applicant if you doubt the applicant’s credibility. You must be vigilant to ensure that interview waiver procedures are not used to commit fraud.
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9 FAM 403.5-4(A)(1) (U) Interview Waiver Categories
(CT:VISA-1890; 01-19-2024)
a. (U) Waiver by Consular Officers: You may waive the interview of any visa applicant who falls under one or more of the following categories in paragraphs a(1)-(5) below if the applicant is not within one of the categories in 9 FAM 403.5-4(B) that requires an interview:
(1) (U) Is within a class of NIVs classifiable under the visa symbols A-1, A-2, C-2, C-3 (except personal or domestic employees of accredited officials), G-1, G-2, G-3, G-4, NATO-1, NATO-2, NATO-3, NATO-4, NATO-5, NATO-6, or TECRO E-1 and who is seeking a visa in such classification;
(2) (U) Is an applicant for a diplomatic type or official visa type as described in 22 CFR 41.26 or 22 CFR 41.27, respectively, and is applying for such visa using a diplomatic or official passport.
(3) (U) Renewals in the same category:
(a) (U) Is applying for the same NIV classification 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));
(b) (U) Is applying in the consular district of their normal residence, unless otherwise prescribed in regulations that require an applicant to apply for a visa in the country of which such applicant is a national.
(i) (U) For example, a B1/B2, E, L, or R visa holder who is seeking to renew their visa in the same NIV category within 48 months of their last visa’s expiration date within the consular district of their normal residence qualifies for interview waiver for renewals.
(ii) (U) On the other hand, an E-2 derivative spouse applying for a visa as an E-2 principal, or as an R would need to appear for an interview unless the applicant qualifies for interview waiver under the separate waiver authority described in 9 FAM 403.5-4(A)(1) paragraph a(5) below.
(iii) (U) The adjudication may occur outside the 48-month window if the application is made within 48 months of the previous visa’s expiration date. The criteria for making an application are defined in 9 FAM 403.2.
(c) (U) For F, M, and J applicants, you must verify that the applicant's SEVIS record indicates "initial" or "active" status." Applicants with any other SEVIS status should be called for an interview.
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(4) (U) H-2A and H-2B Applicants: An applicant for an H-2 NIV in one of the following categories:
(a) (U) First-time H-2 applicants with no associated derogatory information, and first-time H-2 applicants with potential derogatory information that the officer can exclude as not rising to the level of an ineligibility without requiring the applicant appear for an interview (e.g., if an officer receives a report that the applicant absconded from a worksite, but ADIS records in PCQS confirm that the individual simply departed the United States in status).
(i) (U) For applicants who previously submitted 10 fingerprints, you should reuse those for the current application.
(ii) (U) For applicants who have not had a prior visa and whose prints have not been collected or transferred into Department systems, fingerprints must be collected and submitted but do not have to be verified by a consular officer or other cleared USDH employee.
(b) (U) Until June 1, 2024, the Department will not require fingerprints for returning H-2 NIV applicants who had not provided and were not required to provide fingerprints before being issued a visa under the previously approved policy.
(5) (U) Applicants with a prior nonimmigrant visa in another classification:
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(b) (U) Until June 1, 2024, the Department will not require fingerprints for returning applicants who are citizens or nationals of Visa Waiver Program countries who were not required to provide fingerprints before being issued a visa under a previously approved policy.
(c) (U) In cases where an applicant previously had a visa but there are no fingerprints in Department visa records because the applicant was under 14 at the time of previous visa issuance; because they previously applied as a diplomat; or for any other reason why an applicant did not previously submit ten prints, you must 221g the applicant, call them in so their fingerprints can be taken, and then determine if the interview may be waived.
(d) (U) For F, M, or J applicants, you must verify that the applicant's SEVIS record indicates an "initial" or "active" status. Applicants with any other SEVIS status should be called in for an interview.
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b. (U) Waiver by Deputy Assistant Secretary for Visa Services: The Deputy Assistant Secretary for Visa Services may waive the interview requirement in individual cases after determining that such a waiver is necessary due to unusual or emergent circumstances. If you believe waiver of the interview is necessary, for these reasons, contact your VO/F post liaison.
c. (U) Waiver by the Secretary in Individual Cases when in the National Interest: The Secretary of State may waive the interview requirement in individual cases after determining that such a waiver is in the national interest of the United States. If you believe waiver of the interview would be in the national interest of the United States, but that applicant does not qualify for any other aforementioned waiver categories, contact your VO/F post liaison.
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e. (U) Items Neither the Secretary nor Deputy Assistant Secretary May Waive: Neither the Secretary nor the Deputy Assistant Secretary for Visa Services may waive the interview for applicants required to appear for interview per 9 FAM 403.5-4(B) paragraph c below. 9 FAM 403.5-4(B) paragraph d exceptions remain at post's discretion.
9 FAM 403.5-4(A)(2) (U) Requirement for Interview Waiver Cases
(CT:VISA-1833; 09-20-2023)
(U) In all cases where the interview is waived, you must ensure the following requirements are met:
(1) (U) The applicant fulfilled all biometric visa requirements as set forth in 9 FAM 303.5; and
(2) (U) The applicant is not within one of the categories in 9 FAM 403.5-4(B) below.
(3) Unavailable
(4) (U) You must conduct an interview if the applicant is within one of the categories set forth in 9 FAM 403.5-4(B) paragraph c below, for example whenever you require additional clarification as to the intentions or qualifications of the applicant or you doubt the veracity of information in the visa application. See 9 FAM 402.3-4(E).
9 FAM 403.5-4(A)(3) Unavailable
(CT:VISA-1749; 04-04-2023)
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9 FAM 403.5-4(B) (U) Cases in Which Interview May Not Be Waived
(CT:VISA-1890; 01-19-2024)
a. (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 if you have any concerns about their eligibility. Review all source information and liaise with other agencies at post to remain aware of changing threat information.
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9 FAM 403.5-5 Unavailable
(CT:VISA-1749; 04-04-2023)
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9 FAM 403.5-5(A) Unavailable
(CT:VISA-1749; 04-04-2023)
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9 FAM 403.5-5(B) Unavailable
(CT:VISA-1749; 04-04-2023)
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9 FAM 403.5-5(C) Unavailable
(CT:VISA-1749; 04-04-2023)
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9 FAM 403.5-5(D) Unavailable
(CT:VISA-1833; 09-20-2023)
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9 FAM 403.5-5(D)(1) Unavailable
(CT:VISA-1749; 04-04-2023)
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9 FAM 403.5-5(D)(2) Unavailable
(CT:VISA-1833; 09-20-2023)
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9 FAM 403.5-5(D)(3) Unavailable
(CT:VISA-1833; 09-20-2023)
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9 FAM 403.5-6 (U) Domestic Renewal of Certain Nonimmigrant Visas
(CT:VISA-1895; 01-25-2024)
a. (U) In General: In accordance with the provisions of 22 CFR 41.111(b)(3), the Domestic Renewal Program is a framework for processing applications for certain petition-based employment category visas from applicants who hold, or held, a valid visa of the same category and meet certain other criteria. Applicants who do not qualify for the Domestic Renewal Program must apply for a new visa at a U.S. embassy or consulate abroad, where they are resident or are physically present, that processes nonimmigrant visa applications.
b. (U) Applicant Qualifications: On December 21, 2023, the Department published a Federal Register Notice announcing a limited pilot program to resume domestic visa renewals for qualified H-1B nonimmigrant visa applicants who meet certain requirements, pursuant to the Deputy Assistant Secretary (DAS) for Visa Services' discretionary authority provided in 22 CFR 41.111(b)(3). Under the pilot, the Department will accept applications for domestic adjudication from January 29 through April 1, 2024, or when all applications slots (as explained in paragraph III.a. of the Notice) are filled, whichever comes first. With the exception of the domestic renewals of A, G, and NATO visas as described in 9 FAM 402.3-4 (I)(3), only those cases described in the Notice and in 9 FAM 403.5-6(A) below may be qualified to apply for renewal through the Domestic Renewal Program. If an applicant who does not meet these criteria applies under the Domestic Renewal Program, the application will be refused under INA 221(g) or rejected without an adjudication, as stated in the Notice. Refused or rejected applicants seeking a visa will be required to initiate a new application with new fee overseas where they are resident or are physically present.
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9 FAM 403.5-6(A) (U) Cases Qualifying for Domestic Renewal
(CT:VISA-1895; 01-25-2024)
a. (U) 22 CFR 41.111(b)(3) grants the Deputy Assistant Secretary (DAS) for Visa Services and officers designated by the DAS discretionary authority to issue visas in the United States to qualified applicants who:
(1) (U) are currently maintaining status in the United States in the E, H, I, L, O or P nonimmigrant category;
(2) (U) were previously issued a visa at a consular office abroad and were most recently admitted to the United States in the status which they are currently maintaining;
(3) (U) intend to reenter the United States after a temporary period abroad in the status which they are currently maintaining; and
(4) (U) have a period of authorized admission in that status which has not expired.
b. (U) Limited Pilot Program to Domestically Renew H-1B Visas for Certain Qualified Applicants: As noted in 9 FAM 403.5-6 paragraph b, the Department has announced a limited pilot program to domestically renew certain H-1B visas, which will run from January 29 through April 1, 2024. To qualify for participation in the pilot, all applicants must meet the regulatory criteria for domestic issuance, described in paragraph a, and the additional criteria listed in the Federal Register Notice, including establishing their eligibility for a waiver of the in-person interview requirement, demonstrating that they are not subject to a reciprocity (or visa issuance) fee, and showing that they possess a visa which was issued within specified dates ranges at specific Missions. Under the pilot program, the Department will only adjudicate domestic renewal applications which meet all of the criteria referenced above. No other domestic renewal applications will be adjudicated under the pilot program. Applicants who do not meet the requirements for pilot participation, as indicated in the Notice, may continue to apply for a visa at an embassy or consulate overseas where they are resident or are physically present.
c. Unavailable
9 FAM 403.5-6(B) (U) Cases Which do Not Qualify for Domestic Renewal Under the Pilot Program (January - April 2024)
(CT:VISA-1895; 01-25-2024)
a. (U) Domestic renewal visa applications will be refused under INA 221(g) if the applicant is found to be ineligible for a waiver of the in-person interview requirement under INA 222(h); if the applicant otherwise fails to satisfy the regulatory requirements for domestic renewal in 22 CFR 41.111(b)(3); or if the applicant fails to meet the requirements for pilot participation enumerated in the Federal Register Notice.
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c. (U) If the application or screening of the applicant reveals derogatory information pertinent to visa eligibility, the applicant will not be eligible for interview waiver and therefore will not meet the requirements for domestic renewal.
d. (U) If preliminary review of the application by an adjudicator indicates any reason to suspect the applicant's activities, either under the previous visa or proposed under the renewal, may not conform with the permissible activities for the relevant visa category, the applicant will not be eligible for interview waiver and therefore will not meet the requirements for domestic renewal.
e. (U) As described in the Federal Register Notice, if the applicant does not qualify for domestic renewal under the pilot program for any of the above reasons, the application will be refused under INA 221(g) or returned unadjudicated and the applicant will be required to initiate a new application overseas where they are resident or are physically present and pay a new fee.
The remaining content of this Subchapter is unavailable.