New DOS Guidance for Visa Interview Waivers

On February 18, 2025, the U.S. Department of State issued updated guidance regarding the categories of applicants that may be eligible for a waiver of the nonimmigrant visa interview (“Drop Box”) for certain categories of applicants applying for visa stamps at U.S. Consulates outside the United States.  

The new guidance limits interview waiver applications to those applicants who previously held a visa in the same category that expired less than 12 months prior to the new application. Under prior guidance, individuals who had received a visa stamp that expired within the prior 48 months were potentially eligible for a waiver of the visa interview. In addition, the guidance removes the visa waiver option for individuals who have changed status to a new visa category, such as from F-1 to H-1B.

This change is effective immediately.  Individuals who scheduled interview waiver/drop box appointments prior to the change who are no longer eligible for the interview waiver will likely be required to schedule new, in-person interview appointments. There could be delays in obtaining such appointments due to overall demand for visa stamping appointments, which is likely to increase significantly due to this change in policy.

In addition to these new guidelines, prior guidelines concerning eligibility for interview waivers continue to remain in effect. To apply for an interview waiver appointment, applicants must:

·     Apply in their country of nationality or residence;

·     Have never been refused a visa (unless such refusal was overcome or waived); and

·     Have no apparent or potential ineligibility.

Applicants under age 14 and over 80 may continue to be eligible for interview waivers and Consular officers continue to have the discretion to require in-person interviews on a case-by-case basis.  

I’ve had a Green Card for Years. Why Should I Apply for U.S. Citizenship?

The Department of Homeland Security estimates that there are over 2 million people in the U.S. who have green cards and are eligible to apply for U.S. citizenship. If you are one of these individuals, here are some reasons to consider taking this step now:

Who is Eligible: You are potentially eligible to apply for U.S. citizenship if you have had a green card for five years (or if you are married to and living with a U.S. citizen and have had a green card for three years).  The application can be filed up to 90 days in advance of meeting the 3/5 year requirement.

8 Reasons to Apply for U.S. Citizenship Now

Stability and Security

Acquiring US citizenship is the best way to ensure that you can live and work in the United States without fear of deportation.

Voting Rights

U.S. citizens have the right to vote in local, state, and national elections. Naturalized citizens can also run for many public office positions. When you vote, you can make a difference in the democratic process and influence decisions that affect your community and future generations.

Travel Freedom

With a U.S. passport, you can travel to over 100 countries visa-free or with visa-on-arrival access. If you plan to reside outside the U.S. for an extended period of time, you could be at risk of losing your green card; whereas if you are a U.S. citizen, your passport would not be revoked simply for living in another country.

Sponsoring Family Members

As a U.S. citizen, you can sponsor your spouse, parents, children, and siblings for green cards.  Although there are wait times for siblings of U.S. citizens, there are no wait times for spouses, unmarried children under 21, and parents of U.S. citizens.  As a green card holder, you are not eligible to sponsor your parents.

Economic Opportunities

U.S. citizenship can open doors to job opportunities that require or give preference to U.S. citizens. Additionally, it can make it easier to start your own business, access financial services, and benefit from economic programs.

Educational Benefits

U.S. citizens may have access to educational opportunities, including scholarships and grants that may not be available to non-citizens.

Expansion of Dual Citizenship

Contrary to popular belief, U.S. law recognizes the concept of “dual nationality” – so you will not necessarily lose your current citizenship(s) by becoming a U.S. citizen.  Some countries will not allow you to maintain your citizenship if you become a U.S. citizen, but many countries that formerly prohibited dual nationality have abolished or substantially relaxed their prohibitions. 

No More Renewal Fees and Say Good-bye to Immigration

When a person has a green card, that card must be renewed every 10 years by filing an application and filing fee with the immigration service.  Once a person has U.S. citizenship, there is no obligation to renew that status.  In addition, once you have U.S. citizenship, you should never have to deal with the immigration service again.

How to Get Started

If you are considering applying to become a U.S. citizen, and if you believe you meet the eligibility requirements listed above, we would be happy to have a consultation with you to discuss any questions you might have about the process.  Please email info@cmlseattle.com to schedule. 

Possible Employment-Based Immigration Changes Under New Administration

While it is impossible to predict what changes are in store for immigration under the next Trump administration, the American Immigration Lawyers Association has developed a list of possible policies that could impact employment-based immigration matters.

What We Might Expect

 In the short-term, it is possible there could be:

• An implementation of travel bans for individuals from certain countries (countries previously impacted during the last Trump administration included Iran, Iraq, Libya, Somalia, Sudan, Syria, Yemen, Venezuela, North Korea, Chad, Egypt, and Mali)

• A heightened level of scrutiny, greater unpredictability and potential delays in processing of petitions and applications filed with USCIS and U.S. Consulates, as well as upon entry to the U.S. for individuals from all countries.   For example, we may see an increase in RFEs and denials on cases

• An increase in consular administrative processing delays for visa applications

• Potential elimination of DACA, Temporary Protected Status (TPS), and other humanitarian parole programs.  Current TPS countries include Afghanistan, Burma, Cameroon, El Salvador, Ethiopia, Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Ukraine, Venezuela, and Yemen

• Longer processing times for all types of applications

• Stopping the current practice of adjudicating H-4 EAD applications at the same time as the H-1B petition (leading to delays in the issuance of H-4 EADs)

• An increased emphasis on Worksite Enforcement, such as Anti-Fraud site visits and audits for I-9s and H-1B Public Access File compliance

• Reinstatement of in-person interview requirements for all green card applications

• Reinstatement of biometrics requirements for H-4 dependents and other dependent categories

• An increase in immigration-related expenses due to higher level of RFEs/denials, potential increase in filing fees, and increased need to use the premium processing program

Longer-term, we might see:

• A modification of prevailing wage requirements for H-1B and PERM cases, making it harder to sponsor foreign nationals for entry-level, Level 1 wage, or lower paying roles

• A restriction or elimination of OPT and STEM OPT work authorization programs for F-1 foreign student visa holders

• A reinstatement of stricter "public charge" requirements for green card applications, requiring applicants to provide extensive documentation of financial resources 

• An elimination of existing automatic extensions of EADs

• Potential revocation of the regulation authorizing the issuance of EADs to H-4 spouses

How to Prepare

The following are some ideas that could be implemented to prepare your team and your foreign national employees for these changes:

• Organizing a day where foreign national employees can schedule a brief (10 minute) consultation with an immigration attorney, where they can discuss their immigration concerns

• Advising your foreign national employees to exercise caution and restraint in traveling internationally on or after January 20

• Setting expectations for increased processing times and a higher level of scrutiny/unpredictability for all types of immigration applications

• Preparing for delays in consular processing of visa applications at U.S. Consulates abroad, including advising the business on the possibility that the foreign national employee applying for a visa abroad may be delayed in their ability to return to the U.S.

• Conducting an internal audit of I-9 and Public Access Files, in anticipation of potential government audits (let us know if you would like our assistance with this)

• Reviewing your H-1B cases to ensure that job/worksite locations are properly reflected on LCAs, in preparation for potential site visits from USCIS or DOL.  You might consider asking H-1B employees to confirm their current job title/work location (including home office) to identify gaps

• Increasing your immigration budget in anticipation of increased RFEs/Denials, in-person interviews, and usage of the premium processing program to ensure timely adjudication of applications 

• Reviewing HR records to identify employees in vulnerable statuses (TPS, DACA, Humanitarian Parole) and consulting with immigration counsel to determine whether there might be alternative immigration paths for them

• Reconsider your overall recruitment strategy if it relies heavily on F-1 student visa holders with OPT to fill entry-level positions

CML Attorneys are available to discuss any immigration questions, concerns or needs of your organization.