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Warner Norcross + Judd LLP is a corporate law firm with over 230 attorneys serving clients in nine offices throughout Michigan. Among the largest law firms in Michigan, Warner works in virtually all areas of business law.

Michigan Law Firm - Warner Norcross + Judd LLP

On July 25, the U.S. Department of State announced a sweeping rollback of the nonimmigrant visa interview waiver program — often called the “drop box” system. Under the drop box system, many applicants for nonimmigrant visas could submit their passports to a U.S. embassy or consulate and receive a visa stamp without having to sit for an interview with a consular officer.

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Starting Sept. 2, nearly all nonimmigrant visa applicants will be required to appear in person for visa interviews at U.S. embassies or consulates abroad, even for visa renewals. This change is likely to increase waits for interviews and visa processing times around the world for many common visa categories.

These changes mirror broader trends of increased vetting and administrative control over temporary visitors to the U.S.

Mandatory Interviews for Nearly All Categories. Most visa applicants — including those applying or renewing for H-1B, L-1, O-1, F-1, J-1 and similar categories — will no longer qualify for interview waivers. They will be required to make appointments and interview prior to receiving a visa.

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Age-Based Exemptions Eliminated. The Department of State removed the longstanding exemption for applicants under 14 or over 79 years old. These applicants will now generally require interviews unless they fall into narrow exception categories.

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Some adults renewing B-1/B-2 visas — including Border Crossing Cards for Mexican nationals — may be eligible for drop box service. To qualify, several conditions must be met. The renewal must occur within 12 months of the prior visa’s expiration, and the application must be submitted in the applicant’s country of nationality or residence. Additionally, the applicant must never have been refused a visa and must meet all other eligibility requirements. Consular officers nevertheless retain the right to require interviews.

Implications for Employers and Applicants

These changes will undoubtedly increase the wait time for obtaining a visa appointment at a U.S. embassy or consulate, especially for busy consular posts and high-volume categories. They may also result in longer visa processing times. To minimize disruption, we recommend the following:

Identify Affected Employees. Employers should advise their nonimmigrant employees (H-1B, L-1, O-1, J-1, F-1/OPT, etc.) of the impending change and consult with them to determine whether a visa renewal may be needed in the foreseeable future. Such employees are not required to hold unexpired visas for work authorization purposes but generally need a visa to re-enter the U.S. after travel abroad.

Renew Visas Before September 2. Visa holders who are currently eligible for drop box service and require visa renewal should do so before Sept. 2 if possible.

Plan International Travel Far in Advance. Nonimmigrant workers who must travel internationally should make plans as far in advance as possible and take into account the possibility of long wait times for appointments and long processing times after the appointment.

Expect Delays in Hiring or Transferring Overseas Talent. Employers seeking to hire candidates from abroad or transfer employees from overseas subsidiaries and affiliates should expect longer waits for the candidate to obtain a visa to enter the U.S.

Consult with Counsel. HR/legal teams should consult with immigration counsel for the latest developments on wait times and processing times. Counsel may be able to assist with securing appointments and expedite requests.

For questions or concerns about visa renewals or any other immigration issues, please contact Sarah Bileti, Daniel Persinger, Christopher LeClair or your Warner attorney.

Talent Without Borders

Partner

Sarah R. Bileti

Associate

Christopher M. LeClair

Immigration

Labor and Employment

Department of State Significantly Limits Visa Interview Waivers

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Department of State Significantly Limits Visa Interview Waivers

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