Regular visitors to MurthyIndiaDotCom and subscribers to the MurthyIndiaBulletin are aware that the Visa Interview Waiver Program (IWP) was introduced in March 2012 by the U.S. Embassy and Consulate(s) in India.

Eligibility for IWP

Under the IWP program, U.S. non-immigrant visa applicants who previously held a B-1/B-2, C-1/D, J-2, L-2, or H-4 visa were eligible for a waiver of their personal visa interview if the primary criteria were met. The primary criteria are: (i) the applicant should have held a visa falling in one of the categories referenced above; (ii) for B-1/B-2 and C-1/D visas, the visa should have expired within 48 months from the date of the current application; for J-2, L-2 and H-4, the previous visa should have expired within 12 months from the date of the current application; and (iii) the applicant should not have been denied a visa from the time of previous approval. The original criteria, outlined above, remain in force, alongside new procedural requirements, detailed below.

Requirements Under New System With Effect from September 26, 2012

Previously, all U.S. non-immigrant visa applicants meeting the above-mentioned prerequisites were eligible for the IWP program. However, under the new system introduced on September 26, 2012, the following procedures have been added to the above-listed primary criteria:

(i) Visas Issued Prior to August 1, 2004:

If the previous visa was issued prior to August 1, 2004, then the applicant will have to go through the regular process and attend a personal visa interview. Since a B-1/B-2 visa is the only type that could have been issued prior to this date and expired recently, this rule will affect only B-1/B-2 reapplications.

(ii) Visas Issued Between August 1, 2004 and October 31, 2008:

If the previous visa was issued after August 1, 2004 and prior to October 31, 2008, then the applicant will have to submit supporting documents at the Offsite Facilitation Centre (OFC), and schedule an appointment for biometrics. These applicants are waived from the consular interview if the primary criteria, mentioned above, are met.

(iii) Visas Issued On or After November 1, 2008:

If the previous visa was issued on or after November 1, 2008 and the applicant meets all pre-requisites, the applicant will just have to submit supporting documents at one of the eleven OFC centres located across India. The applicant(s) will not be required to provide biometrics.

(iv) Visas with Annotation “Clearance Received”:

If the previous visa was issued with annotation “Clearance Received”, then the applicant will have to appear for a personal interview.

Conclusion

As indicated in our earlier article on this subject, applicant(s) eligible for the IWP are not guaranteed a visa. Further, at the discretion of the U.S. Embassy / Consulate (s), the applicant may be instructed to appear in person for the visa interview. If one is eligible under the IWP, care must be taken to provide accurate information on Form DS-160 and to provide relevant supporting documents. We at Murthy Immigration Services are available for any assistance with this matter.

Copyright © 2012, MISPL – All Rights Reserved