H-1B visa rule change: In-person interviews a must, may hit Indian techies

India Today

4 days ago

The US Department of State has scrapped the Interview Waiver Programme, also known as the "Dropbox" facility, effective September 2, which will require most non-immigrant visa applicants, including H-1B, L1, and F1 visas, to attend in-person interviews at US embassies or consulates. The move is expected to have a major impact on Indian tech workers, who make up the largest share of H-1B recipients globally.advertisementExperts warn that applicants may face longer waits for visa appointments in India, travel delays, and even the risk of losing their work authorisation if they can't return in time. Visa experts are urging applicants to plan early and keep a close watch on appointment slots.The Dropbox facility has been a major convenience for eligible travellers, allowing them to bypass the in-person visa interview by simply submitting their documents at a designated centre.
Only a few categories of applicants remain eligible for interview waivers under the updated rules. These include diplomatic and official visa applicants, such as those applying under the A-1, A-2, C-3 (excluding attendants or servants), G-1 to G-4, NATO-1 to NATO-6, and TECRO E-1 visa categories.Additionally, applicants renewing full-validity B-1, B-2, or B1/B2 visas – or Border Crossing Cards for Mexican nationals – within 12 months of their previous visa's expiration may also qualify, provided they were at least 18 years old at the time their prior visa was issued.INDIAN TECHIES COULD LOSE WORK PERMITS: EXPERTS WARNEDThese changes are likely to have a significant impact on Silicon Valley, where H-1B visas play a key role in helping companies recruit skilled talent – most of whom are from India.Indians make up the largest share of H-1B visa holders. In 2022, Indian nationals secured 77% of the 3,20,000 approved H-1B visas, and in fiscal year 2023, this figure remained high at 72.3% of the 3,86,000 visas issued.Bill Hing, a professor of Law and Migration Studies at the University of San Francisco, said the new visa interview requirement might delay processing and will also impact Silicon Valley."This is going to entail a delay in their processing. It can be costly, because [visa holders] may be stuck, for example, in India or China, and they won't be able to get back to work," NBC quoted Bill Hing as saying.Hing noted that the requirement for in-person interviews will present a particular challenge for visa holders whose home countries are far away.The professor added that with the Interview Waiver Program, many visa holders have been able to get their renewal paperwork completed in just a few weeks. But with the requirement for in-person interviews, he expects the approval process to take longer, NBC reported.advertisementKelli Duehning, a partner in the BAL immigration law firm's San Francisco office, also said visa interview delays could cost H-1B workers their jobs."We can only anticipate that the wait times at the consulates in India are going to get very, very long," SiliconValley.com quoted Duehning as saying."If they don't get an appointment in time, they could lose their work authorisation," he said.Audrea Golding, an immigrant law practitioner from San Jose, California, expects a surge of in-person appointments at consulates, as well as delays due to the demand, NBC reported."So, it's really important for people to make those plans ahead of time and make sure their applications are fully complete, so there are no delays once they get in front of an officer," NBC quoted her as saying.As per US Citizenship and Immigration Services, California leads the nation with over 61,000 H-1B visa holders. Among the top ten US companies sponsoring these visas are Bay Area giants Meta (ranked 4th), Apple (5th), and Google (6th), according to a report in NBC Bay Area.The H-1B annual limit is 65,000, plus a 20,000 exemption for individuals with an advanced degree from a US university.advertisement- Ends