Immigration Policy Updates

This page will be updated regularly to provide information to UMBC’s international student and scholar community regarding changes to federal immigration policy that could impact international students and scholars.

The most recent updates appear at the top of the page. Posts are labeled to indicate whether the update affects all international students and scholars or a particular group.

Whenever possible, the source of the information is included at the bottom of the post. Sources include government agencies, professional organizations, trusted media outlets, and respected law firms.

 

State Department Provides Update on Visa Interview Waiver Eligibility

Audience: F-1 students, J-1 Exchange Visitors, H-1B employees, all other nonimmigrant visa holders

On February 18, 2025, the U.S. Department of State issued updated guidance regarding which applicants for U.S. visas may qualify for a waiver of the in-person interview requirement. This update supersedes previous guidance issued in December 2023. The update lists particular visa types that are eligible for waiver of the in-person interview, including A, G, NATO and TECRO visas.

Relevant to international students and scholars, “applicants who previously held a visa in the same category that expired less than 12 months prior to the new application” are also eligible for an interview waiver. Additionally, such applicants must: be applying for the visa renewal in their country of nationality or residence (home country), never have been refused a visa in the past, and have no apparent or potential ineligibility issues.

Crucially, this policy update establishes that consular officers have the authority and discretion to waive the in-person interview requirement, but they “may still require in-person interviews on a case-by-case basis or because of local conditions.” The update recommends that visa applicants “check embassy and consulate websites for more detailed information about visa application requirements and procedures, and to learn more about the embassy or consulate’s operating status and services.”

Our advice continues to be that students and scholars should plan ahead as much as possible for any necessary visa renewals. Because the U.S. Department of State now makes the requirement for an in-person interview a discretionary decision by consular officers, applicants should not assume that their in-person interview will be waived. Moreover, visa appointment wait times can fluctuate drastically without warning.

Source: U.S. Department of State Bureau of Consular Affairs

Posted: February 20, 2025

 

Changes to U.S. Department of State’s Visa Appointment Wait Time Information

Audience: F-1 students, J-1 Exchange Visitors, H-1B employees, all other nonimmigrant visa holders

In January 2025, the Department of State updated its Visa Appointment Wait Time system to change what data is available and how it is presented. Previously, users could search for a specific U.S. Embassy or Consulate by city name and view the associated wait times for visa appointments, as well as the processing times for applicants eligible for interview waivers. In its place is a Global Visa Wait Times page listing all U.S. consulates and the wait time for interview-required Students and Exchange Visitors (such as F and J), Temporary Workers (such as H, O, and P), and Visitors, (B-1/B-2), among others. Information about processing times for those with interview waivers no longer appears on the site, although the site directs users to check the “individual Embassy or Consulate website to determine if your case is eligible for a waiver of the in-person interview.”

Our advice continues to be that students and scholars should plan ahead as much as possible for any necessary visa appointments. Wait times can fluctuate drastically without warning. Remember that once you are admitted to the US, you are not required to maintain a valid visa– instead your focus should be on maintaining valid immigration status.

Source: Klasko Immigration Law Partners

Posted: January 27, 2025

 

Review of Immigration-Related Executive Actions Issued So Far

Audience: F-1 students, J-1 Exchange Visitors, H-1B employees, all other nonimmigrant visa holders

Many of the executive orders issued in the first week of the new administration have concerned immigration. However, few of the orders announced so far appear to directly impact international students, scholars, and employees (F-1, J-1, H-1B, etc.).

Notably, no travel bans were announced. However, the administration is ordering enhanced scrutiny of those applying for visas and for entry to the US. Because wait times for visas will likely increase, it is more important than ever to carefully evaluate the need to travel internationally. If you are planning international travel, especially if your visa is expired, you should consult with an ISSS advisor ahead of any travel. International students should visit the Contact Us page for assistance from an advisor, and J-1 EVs and H-1B employees should contact the International Scholar Coordinator.

The links below provide summaries of the executive actions issued so far, as well as some predictions about actions that could be announced in the coming weeks and months.

Sources: Fragomen, Del Rey, Bernsen & Loewy, Berry Appleman & Leiden

Posted: January 27, 2025