The Economic and Efficiency Benefits of
Nonimmigrant Visa Interview Waivers Are Worth Preserving

Allowing the State Department to provide nonimmigrant visa interview waivers for certain eligible applicants would cut bureaucratic red tape and keep skilled workers in the U.S., protecting some $4 billion in contributions to the U.S. economy by employment-based visa holders each month.
A close-up image of an immigration visa stamped to a foreign passport.
A close-up image of an immigration visa stamped to a foreign passport.
The State Department can reduce backlogs by continuing to exempt certain eligible nonimmigrant visa applicants from in-person interviews.

Recent declines in legal immigration have had negative impacts on the U.S. economy, including contributing to persistent labor shortages that drive inflation, according to FWD.us analysis. Restoring immigration to prepandemic levels (at the very least) is an important and necessary step to drive down inflation and fill millions of open jobs in critical industries.

One common-sense solution is to reduce processing backlogs that delay immigrants from coming or returning to the U.S. to work, study, or visit. The State Department can reduce backlogs by continuing to exempt certain eligible nonimmigrant visa applicants2 from in-person interviews.1

Federal law requires nonimmigrant visa applicants to complete an in-person interview at a consulate or embassy before receiving a visa; however, the law also allows the Secretary of State to authorize waivers in certain circumstances. The State Department expanded authorization for consular officers to waive in-person interviews for certain eligible applicants in 2020, and has since extended that authorization through the end of 2023. The waivers have helped reduce wait times at embassies and consulates; nearly half of the seven million nonimmigrant visas issued in FY 2022, including both employment-and nonemployment-based, involved interview waivers. Making the interview waivers permanent would significantly reduce the interview workload each year, potentially saving the government millions of dollars annually.

Individuals applying for an H-1B visa at the consulate in Chennai, India face wait times of 150 days if they are required to report for an in-person interview.

Federal law requires nonimmigrant visa applicants to complete an in-person interview at a consulate or embassy before receiving a visa; however, the law also allows the Secretary of State to authorize waivers in certain circumstances. The State Department first expanded authorization for consular officers to waive in-person interviews for certain eligible applicants in 2020, and has since extended that authorization through the end of 2023. The waivers have helped reduce wait times at embassies and consulates; nearly half of the seven million nonimmigrant visas issued in FY 2022, including both employment-and non-employment-based, involved interview waivers. Making the interview waivers permanent would significantly reduce the interview workload each year, potentially saving the government millions of dollars annually.

The State Department faces extraordinary processing backlogs that have dramatically extended wait times, with some visa applicants waiting more than a year for an appointment at a consulate. Many applicants have already been working or studying in the U.S. for some time, and simply need to renew their visas. These wait times can significantly affect legal immigration flows by forcing individuals—including international students, highly skilled workers, and tourist and business visitors—to wait for many months before they can (re)enter the U.S. This is particularly harmful for visa categories like H-1 and H-2, which are supposed to help address labor shortages by allowing U.S. employers to quickly hire skilled workers when critically needed.

The waivers help reduce backlogs and wait times in countries that process large numbers of applications for certain visa categories, like India, which is by far the leading country of origin for highly skilled H-1B visa holders, and second for international students. For example, individuals applying for an H-1B visa at the consulate in Chennai, India, face wait times of 150 days if they are required to report for an in-person interview. International students seeking an F-1 visa are waiting more than three weeks, and B-1/B-2 tourist and business visitors are waiting nearly one year, according to the State Department website.

"Most employment-based nonimmigrant visa holders needing renewals each year together contribute some $4 billion to the U.S. economy monthly.

However, individuals in these categories whose interviews are waived can get an appointment within one day.

Reducing wait times minimizes the amount of time that skilled workers have to spend outside the United States, particularly for individuals who are already working and simply need to renew the visas for which they were previously approved. FWD.us estimates that most employment-based nonimmigrant visa holders needing renewals each year together contribute some $4 billion to the U.S. economy monthly, after the payment of federal, payroll, state, and local taxes.3 With each return visit to home countries often requiring a minimum of a month for interview and visa processing, this can be a significant loss of productivity within the U.S. workforce and loss of additional economic contributions, as well as a significant disruption to academic studies for students with strict program start dates and deadlines.

Extending the use of waivers could also facilitate tourism, a major economic driver that has been similarly delayed and restricted by backlogs. Before COVID-19, the U.S. welcomed more than 80 million international tourists annually, who contributed more than $240 billion to the U.S. economy. As a whole, the tourism industry generates $1.9 trillion in economic output.

Critically, offering waivers to certain applicants does not reduce security; in fact, they help, by reserving resources for priority cases. Waivers are issued only for low-risk cases, and always at the discretion of a trained consular officer. Even when nonimmigrant visa applicants are not required to report for an in-person interview, they are still subject to numerous safeguards, including rigorous background checks as part of the visa application process as well as immigration inspection when arriving and seeking to enter the U.S. through a port of entry.

Even though the State Department has made significant gains in reducing wait times and shrinking its processing backlog, the agency will need to use every available tool to restore the legal immigration system to pre-pandemic operations, and to deliver even better efficiencies and results.4 FWD.us analysis shows that making the waivers permanent would have clear operational and economic benefits, and would help achieve the levels of immigration processing needed to combat persistent labor shortages and inflationary pressures.

  1. The Secretary of State’s authority to waive in-person interviews in different circumstances is in 8 U.S. Code § 1202. The statute identifies specific circumstances where interviews can be waived, while also giving the Secretary discretion to waive interview requirements for nonimmigrants when “in the national interest of the United States; or necessary as a result of unusual or emergent circumstances.”
  2. According to the State Department, the visa categories eligible for an interview waiver include H-2 (temporary agricultural and non-agricultural workers); F, M, and academic J (students, professors, research scholars, short-term scholars, or specialists); and H-1, H-3, H-4, L, O, P, and Q (temporary workers with an approved petition). The State Department has defined numerous eligibility criteria, depending on the visa category, excluding applicants who have been previously denied a visa, applicants who are applying outside of their country of nationality or residence, and applicants who have apparent or potential ineligibilities. First-time applicants from countries participating in the Visa Waiver Program who are applying for temporary work visas are eligible for interview waivers if they have previously traveled to the U.S. using the Electronic System for Travel Authorization. Individuals who are renewing a visa within 48 months of the previous visa’s expiration date are also eligible.
  3. The monthly economic impact was estimated by taking 2021 American Community Survey data and assigning likely employment-based nonimmigrant visa holder status (H-1B, H-4, H-2A, H-2B, J, L, O, P) to respondents based on immigration, educational, and occupational variables. (More information on our immigration status assignment methodology can be found here). Once respondents were assigned, the average monthly income, after the payment of taxes, was calculated for individuals within each visa type. The average monthly income was multiplied by the estimated number of visa holders needing to renew their visas each year based on average length of employment-based visas within each visa type. The overwhelming majority of the $4 billion monthly estimate is driven by H-1B holders and their dependents, with the majority of this visa group being from India.
  4. In addition to preserving the nonimmigrant interview waiver, the State Department should explore other recommendations to facilitate adjudications and reduce wait times, such as using remote interviews when necessary and expediting the renewal process, including advancing plans to restore a process for domestic visa renewal.
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