Corporate Immigration Law News

While no official government announcement has been made, the United States Department of State updated the eligibility requirements for Visa Interview Waiver (“dropbox”) appointments at U.S. consular posts. Based on the revised eligibility requirements, nonimmigrant visa applicants are eligible for an interview waiver if they are renewing a visa in the same visa category that expired within the past 12 months or is still valid, among other requirements.

Previously, nonimmigrant visa applicants holding a visa in the same classification that expired within the preceding 48 months were eligible for an interview waiver, among other requirements. U.S. consulates have now reverted back to pre-COVID eligibility requirements for interview waiver program, narrowing the criteria to the following: (1) an applicant must be applying for a visa in the same nonimmigrant visa classification as the prior visa; and (2) their prior visa must have expired within the last 12 months or still be valid. Visa applicants who do not meet this narrower interview waiver eligibility criteria will be required to attend an in-person interview at a U.S. consulate to apply for a visa.

No announcement or guidelines has been provided on whether consular posts will consider interview waiver visa applications that are currently pending for adjudication. As such, we recommend that applicants who no longer meet the interview waiver eligibility requirement schedule for an in-person visa interview to avoid the risk being turned away or face processing delays.

This policy change may have significant impact on H-1B, L-1, O-1, and other nonimmigrant visa holders who previously relied on the dropbox processing for visa renewals, as higher demand for in-person visa interview appointments at U.S. consular posts will result in longer wait times, decreased appointment availability, travel disruptions, and delays. Employees who plan to apply for a nonimmigrant visa abroad must carefully plan their travel in advance and may expect to appear for an in-person interview at the U.S. consulate.

If you have any questions please contact: Anthony F. Siliato, Scott R. Malyk, Lin R. Walker, or Stacey A. Simon.

On February 5, 2025, USCIS officially announced the dates of the initial H-1B registration period for the Fiscal Year (FY) 2026, which registration period will open on Friday, March 7, 2025 at 12pm EDT and run through Monday, March 24, 2025 at 12pm EDT.

Similar to last year, H-1B cap-subject sponsoring employers and counsel will be required to use the USCIS online account to register each beneficiary electronically for the selection process and pay the required registration fee. As we mentioned in our last email to you, there will, however, be a significant increase in the 2026 fiscal year H-1B registration filing fee from $10 to $215 for each registration submitted on behalf of each of your employees.

Per this announcement, we can begin to enter the registration information for each of your H-1B candidates on March 7, 2025 and submit the H-1B cap registration, along with the $215 fee on the USCIS online account. On that basis, if you have not already done so, please prepare your list of FY 2026 H-1B cap registration candidates by identifying potential beneficiaries to ensure that all candidates may be registered within the designated timeframe. Employer Representatives should also make sure that you still maintain access to the Company’s USCIS organization account online.

For the FY 2026 H-1B cap selection process, USCIS will continue to utilize the beneficiary-centric selection process launched in FY 2025 under which registrations are selected by unique beneficiary rather than by registration. USCIS will perform its random selection and notify the attorneys and employers by March 31, 2025.

If you have any employees for whom you would like to include in this year’s H-1B lottery, please contact us immediately. Anthony F. Siliato, Scott R. Malyk, Lin R. Walker, or Stacey A. Simon.