The U.S. Department of State (DOS) announced the elimination of the deference policy for nonimmigrant visa (NIV) waivers. Prior to this change, consular officials were required to follow previous decisions when reviewing waiver requests. Now, officials must review each waiver request independently, regardless of previous decisions.
A visa waiver is the ability to avoid a visa requirement for short-term visits to the United States. Under the previous policy, officials were encouraged to approve waiver requests if another officer had previously granted one.
Under the new policy, officers must consider each waiver request independently and cannot give undue deference or rely solely on a previous officer’s decision. Officers must submit justification with each waiver approval. Under this new policy, prior waiver approvals no longer guarantee the approval of any subsequent waivers.
The elimination of the nonimmigrant visa deference policy will add some uncertainty to the waiver process. Applicants must ensure that all their information is up to date before submitting a waiver application. They should also prepare for a longer, more in-depth waiver application process. Even if previously approved under the visa waiver program, individuals must apply for each potential entry into the U.S.
Given the cuts made to U.S. consular and embassy staff in the past months, this change in policy will undoubtedly contribute to the already existing backlog in the visa application system. The elimination of the deference policy means a less streamlined acceptance of visas and visa waivers. Individuals are highly encouraged to apply as early as possible with up-to-date information to best maximize the chances of their visa waivers getting accepted.
This policy change does not apply to immigrant visas and individuals seeking immigrant visa waivers.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical.
