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Change in criteria for Interview Waiver Program (IWP) for H visa

  • November 2, 2015
150 150 Murthy Immigration Services

On November 5, 2012, we had reported that H and L visas were included under the Interview Waiver Program (IWP), we had also indicated that for H visas, one of the primary criteria is that the applicant should  continue to work for the same petitioner / employer.

A recent and significant change in this criteria qualifies H workers under the IWP, even if they have changed their employer. The questionnaire on this requirement only seeks information if the previous H-1B visa expired within the last 12 months. Consequentially, applicants who held H-1B through a different employer are also eligible for the drop box under the new criteria. The following are some of the questions one would face while scheduling the visa appointment to determine eligibility under the IWP:

  • Do you have a previous H-1B visa (temporary occupation, temporary worker or trainee)?
  • Was you H-1B visa (temporary occupation, temporary worker or trainee) annotated “Clearance Received” or “Department Authorized”?
  • Were you denied any kind of U.S. visa after your most recent U.S. visa was issued?
  • Is you previous H-1B visa (temporary occupation, temporary worker or trainee) still valid? (OR) Di your H-1B visa (temporary occupation, temporary worker or trainee) expire within the last 12 months?
  • Was your most recent H-1B visa (temporary occupation, temporary worker or trainee) issued in India after January 1, 2008?

Applicants eligible under the IWP will have to submit the drop-box confirmation letter along with current and valid passport, previous visa, DS-160 confirmation sheet, passport-style photograph (50mm x 50mm, taken on plain white background) and supporting documents. The application is usually processed in 3-6 business days, this could take longer for a variety of reasons. It is important to remember that eligibility under IWP does not guarantee a visa – one may still be required to appear for a personal interview at the discretion of the interviewing officer. We at Murthy Immigration Services welcome this move to extend the IWP to all H-1B renewals meeting the new expanded eligibility criteria.