Akash

The Department of State (DOS) has rescinded its previous expansion of the nonimmigrant visa interview waiver policy, with the change taking effect on February 18, 2025. This policy change will significantly impact the visa application process for many international travelers.

Previous Policy

The interview waiver policy had previously been expanded to allow many nonimmigrant visa applicants to request a waiver of the in-person consular interview requirement if they:

• Had previously been issued a nonimmigrant visa in any classification (except for B visas)
• Were applying within 48 months of their most recent visa's expiration

This broader waiver eligibility had streamlined the visa renewal process for many applicants and helped manage consular workloads during and after the pandemic.

New Restricted Policy

Under the updated policy, interview waiver eligibility is now limited to:

• Applicants classifiable under specific visa symbols (A-1, A-2, C-3, G-1, G-2, G-3, G-4, NATO-1 through NATO-6, or TECRO E-1)
• Applicants for diplomatic- or official-type visas
• Applicants who previously held a visa in the same category that expired less than 12 months prior to the new application

Implications for Travelers

This reversal suggests a move towards greater in-person scrutiny of nonimmigrant visa applicants, which will likely:

• Increase the workload for consular staff at US embassies and consulates worldwide
• Result in longer wait times for visa interview appointments for many categories of travelers
• Create additional burdens for frequent travelers to the US
• Impact tourism, business travel, and educational exchange

Travelers should anticipate longer processing times and plan accordingly, especially those who previously might have qualified for an interview waiver but no longer do under the new policy.

H-1B Cap Initial Registration for FY 2026

USCIS has announced that the initial registration period for the fiscal year 2026 H-1B cap will commence at noon Eastern on March 7, 2025, and continue until noon Eastern on March 24, 2025.

Continuation of Beneficiary-Centric Selection Process

USCIS has confirmed it will continue to utilize the beneficiary-centric selection process for the FY 2026 H-1B cap, a method initially launched in FY 2025. Under this process:

• Registrations are selected based on unique beneficiaries
• Each beneficiary receives only one chance in the lottery regardless of how many registrations are submitted on their behalf by different employers
• The goal is to reduce potential fraud and ensure a more equitable chance of selection for each individual beneficiary

What This Means for Employers and Prospective H-1B Workers

The beneficiary-centric approach has several implications:

• Employers cannot increase a candidate's chances by submitting multiple registrations
• Each prospective H-1B worker has an equal chance in the lottery, regardless of how many potential employers they have
• The system aims to prevent larger employers from having an unfair advantage in the selection process

Timeline and Process

Key dates for employers to be aware of:

• Registration period: March 7-24, 2025
• Selection notifications: Expected by March 31, 2025
• Filing period for selected registrations: Beginning April 1, 2025

Employers interested in sponsoring workers for H-1B visas should:

Identify potential candidates early

Gather necessary information for the registration process

Submit registrations during the designated period

Be prepared to quickly file complete petitions if selected

Strategic Considerations

Given the continuation of the beneficiary-centric model and the competitive nature of the H-1B program, employers should consider these strategies:

Focus on quality over quantity: Since multiple registrations for the same beneficiary won't increase chances, focus on identifying the most qualified candidates.

Have backup plans: Given the limited number of H-1B visas available, develop alternative immigration strategies for essential personnel.

Prepare early for petition filing: If selected, you'll need to rapidly prepare and file a complete petition, so gather documentation in advance.

Consider alternatives: Explore other visa categories (L-1, O-1, E visas) for candidates who may qualify.

Understand the timing: Be aware of when results will be announced and plan hiring timelines accordingly.

Form Updates and Grace Periods

As part of administrative changes, USCIS has issued grace periods for the use of previous editions of several updated immigration forms that were released in February and March 2025. This temporary flexibility allows applicants who may have already begun using older versions to continue doing so until specified dates.

Affected Forms

The updated forms include critical applications such as:

• N-400 (Application for Naturalization)
• I-485 (Application to Register Permanent Residence or Adjust Status)
• I-131 (Application for Travel Document)

Grace Period Details

The grace period for different forms varies, generally ending in late March or early May 2025. This transition period prevents the immediate rejection of applications filed using older form versions.

Why This Matters

Using the correct form version is crucial - submissions with outdated forms after the grace period ends will be rejected, causing delays and potentially additional expenses. Applicants and legal representatives should verify they're using the current "01/20/2025" editions for all submissions after the grace period expires.

Conclusion

The rescission of the expanded visa interview waiver policy and the continuation of the beneficiary-centric H-1B selection process represent significant procedural changes that will affect thousands of visa applicants and prospective employers. These changes reinforce a trend toward greater scrutiny in the visa issuance process while attempting to maintain fairness in the competitive H-1B program.

Individuals and organizations navigating these changes should stay informed about current requirements, plan well in advance for anticipated immigration needs, and consider consulting with qualified immigration counsel to develop appropriate strategies.