The United States government’s immigration policy is gradually tightening. According to an announcement updated on the official website of the U.S. Secretary of State on the 18th, the window for visa “interview waiver” renewal has been significantly reduced from 48 months to 12 months, effective immediately. Lawyers anticipate that this new policy will affect many Chinese immigrants.
During the pandemic, non-immigrant visa holders could renew their visas without an interview as long as they applied within the visa’s validity period or within 48 months of expiration. However, under the latest policy, if the visa has expired for more than 12 months, a new interview will be required, increasing the difficulty of renewal and prolonging the processing time.
California Chinese lawyer Longzhu Liu mentioned that a new interview poses a significant risk: while some may successfully renew their visas, many others may face rejections, preventing them from legally staying in the United States.
The new policy will impact numerous non-immigrant visa holders, including but not limited to H-1B visas, B-1/B-2 visas, F-1 visas, J-1 visas, and O-1 visas holders.
Longzhu Liu noted that among non-immigrant visa holders, a large proportion holds H-1B and F-1 visas, with a particularly high percentage of Chinese, including students and visiting scholars. Many Chinese individuals hope to use these visas as a stepping stone for future green card applications and eventually becoming U.S. citizens.
Therefore, he believes, “The most affected by the new policy are H-1B work visas and F-1 student visas.”
Longzhu Liu advises all non-immigrant visa holders that if their visas are nearing expiration and meet the renewal conditions, they should promptly submit their interview waiver renewal applications, staying within the 12-month exemption window; meanwhile, ensure all necessary documentation is prepared.
According to the regulations, to qualify for the interview waiver, the following conditions must be met:
1) Applying to renew the same visa, with the visa still valid or expired for no more than 12 months;
2) Applying for renewal in the home country or country of residence;
3) Never having been refused a visa (with some exceptions);
4) No visible or potential disqualification circumstances. Longzhu Liu explained there are many such circumstances, like having DUI or domestic violence records in the U.S., which can greatly impact the renewal process.
However, even if meeting all requirements for an interview waiver renewal, consulate officials may still conduct random interviews based on individual circumstances or local conditions. The U.S. government encourages applicants to check the consulate’s official website for detailed information on visa renewal requirements and procedures and be aware of different consulate’s renewal appointment arrangements.
Longzhu Liu believes this reform aligns with the Trump administration’s new immigration policies, presenting another move to address illegal immigration issues.
He said, “Many people think only those who illegally enter the U.S. are considered illegal immigrants, but according to the law, even if you legally enter the U.S., if your status ‘turns black,’ you will also be deemed an illegal immigrant.”
Longzhu Liu analyzed, “Failing to renew your visa after it has expired for more than 12 months means losing your status and facing deportation risks; if you return to your home country for renewal, you risk facing obstacles in obtaining a new visa. Both scenarios come with risks.”