In an important new rule by the U.S. Citizenship and Immigration Services, thousands of
Indians, applying for various categories of US visas, will now have to appear for an in-person interview at the US Embassy or one of the consulates. Earlier, many of them would have been able to use the drop-box facility and not have to schedule an interview.
Senior journalist Ishani Duttagupta spoke to Poorvi Chothani, attorney and managing partner of LawQuest, an immigration law firm which has offices in Mumbai and Florida, about what the new rule, which will kick off on September 2, means for visa applicants. Edited excerpts from the interview.
Ishani Duttagupta
Q: From next month, several categories of US visa applicants from India will no longer
be able to avail themselves of the in-person interview waiver. Is this new rule going to
impact a large number of Indians who in the past were not required to appear for the
interview?
Poorvi Chothani : While the need for a US visa applicant to be interviewed in-person has been there all along; the US government had allowed certain categories of applicants to use the drop-box facility which means just dropping their application off at the Visa Application Centers. This facility had been expanded to quite a few categories including tourist, business, H-1B and L- 1 work permits and H-4 spouse visas. With many officers not available at the consular posts during the Covid pandemic, there was a huge backlog of visa interviews and so appointments were hard to schedule. So, the in-person interview waiver provision, which had earlier been allowed for a few categories, had been expanded to several categories for eligible applicants who were applying for renewals within 48 months of their previous visa expiry. Further, applicants were also given the facility to apply for their visa at any consular post; while earlier they had to apply only at the post that issued the visa. A few months back, the interview waiver provision was narrowed down and applicants could still avail of it when applying for a renewal within 12 months of expiry of the visa, provided they were applying at the same consular post that issued the visa. But now the US government has announced that they are going to stop visa interview waivers for almost all categories, except a few. The exceptions include the diplomat category, the crew category with some applicants not required to appear for visa interviews provided they meet the criteria of waivers. The good news is that most tourist and business travellers are not going to be impacted by this. B1/B2 visa applicants who are applying within 12 months of the visa expiring will still benefit from the visa interview waiver.
Ishani Duttagupta: Could you break it down category wise, starting with students from India who are applying to universities in the US; what will this new rule mean for them? We know that a large number of students have to appear for in-person interviews for their visas; but could you explain about the category of students who were exempt earlier but will now have to schedule in-person interviews?
Poorvi Chothani: First time applicants of F1 student visas, which is the most popular category that Indian students use, have to apply for a visa and go for the interview. But there are students whose visa has expired but their education has not been completed, or they have moved on to another level of education. They need a new visa stamp to return to the US if they have returned to India. Let’s say they come home for their summer break, and now they’re going back to the US to complete their education. They need a new visa stamp and they cannot benefit from the visa interview waiver anymore. They’ll have to look for interview appointments. This impacts thousands of students.
Ishani Duttagupta: About the H-1B work permit and other H category visas, which again are huge numbers since Indians are the largest beneficiaries of this category. Many thousands who were able to benefit from the drop-box facility, will now have to appear for in- person interviews. Could you please explain the details?
Poorvi Chothani: First time applicants of H-1B visas have to go for an interview always; but here we’re looking at that category of H-1B and H-4 visa holders who are in the United States, on valid status, but they need to leave the country either to go on vacation, or to visit their parents or just to take a break. And they leave the country and then need to return to the US to continue working or continue living with their spouse or parent who’s working in the United States. They need a new visa stamp, and it would be best if they prepare in advance and book their visa appointment in India, before they leave the US. What we are anticipating after September 2 is that the visa interview availability is going to be very backlogged. As it is, there is a huge delay routinely. If you are looking for a tourist visa or a business visa appointment, you are not getting it until the middle of 2026. You can be vigilant and find something earlier, but routinely it’s taking long. So, looking at those backlogs; we are going to see problems for the H-1B and H-4 workers as well. However, the US government does prioritize appointments for these categories. The B1/B2 visa applicants, in my opinion, get the least importance.
Ishani Duttagupta: Currently, depending on which consular office an applicant will be going to, the time that it takes to get a visa appointment is anything between around six months to around 1-1/2 years. In your opinion, how much more time is it likely to take to schedule visa appointments from next month? This is also keeping in mind that the age-based drop-box facility could also be curtailed?
Poorvi Chothani: Only a limited group of applicants such as children below the age of 14 and elders over the age of 79, who were eligible under the narrow pre-existing exemptions, may still qualify. The system to book visa interview appointment slots is based on an algorithm on the portal. As you answer the questions, the system pushes you either to an interview waiver appointment or to an interview appointment. We have to wait and see how that algorithm plays out. But at the moment we are still in the pre-September phase, so it’s still business as usual. You did mention that appointments are available 6 to 18 months out; but there are applicants who are watching the system frequently and they keep checking and carefully monitor it and they’re able to get earlier appointments. But another challenge is that earlier on one visa fee receipt, you could keep booking appointments and cancelling. If you booked an appointment after 1 1/2 years, as soon as you found something earlier you could change it and change it again. However, now that has also changed. You are allowed only one opportunity to change.
Ishani Duttagupta: Keeping all these changes in mind, Indians planning to travel to the US will have to plan more in advance than earlier. Can you share some advice on this aspect for different visa categories?
Poorvi Chothani: Yes, it will be a bigger challenge in planning travel. In fact, just this morning we were advising a company that has a huge meeting coming up in October that they should have come to us earlier. They initiated the case with us in June and yet we have not been able to find them an appointment and they are upset. But that’s the system, that’s the US government’s policy. Companies that are sending lots of people abroad should try and apply for visas for the potential travel group well in advance, even if they don’t know the exact date of the meeting or they don’t know whether the meeting will be in February or March 2026, it is still a good idea to get their visa appointment and have their staff members travel-ready. This becomes a challenge sometimes because a visa applicant has to explain why they need the visa. Hence, it’s important to strategize and carefully plan your business travel in conjunction with your company, HR, global immigration advisor, etc. Now coming to tourists who need to apply for a B2 visa, yes, even they find it a challenge. So, let’s say this is a pure tourist who’s only going for pleasure. She’s joining a tour and the tour is departing in May 2026. She has enough time to plan. It will still be hard to find an appointment before May 2026, but she’s in a better position than somebody who says I want to travel there for Thanksgiving in November. So, a little bit of planning in that respect is imperative.
Ishani Duttagupta: When the drop-box facility is allowed, is it generally easier for the applicant to get a visa? Is there likely to be greater visa vetting for in-person interviews and hence the chance of greater delays?
Poorvi Chothani: Yes, definitely. One of the reasons why they have reinstated interviews for most categories is because they’re very worried about the profile of visa applicants. They’re very worried about the people who are in the US; their ideology, their terrorist group support, their political views, etc. So, I think that’s one of the big reasons why they’ve reintroduced the interview so strictly and all applicants have to keep their social media handles open to public access mode. All these things are going to impact the visa applicants. There will be delays. So, let’s say they issue 221 (g) notices asking for more information or documents. That will also increase the processing time. But there’s one thing I want to clarify – if you apply for a drop-box appointment, whether you did in the past or you even qualify now under the B2-B1 visa, it doesn’t mean that there’s a guarantee you won’t be interviewed. Even after the drop- box, some applicants were called in for a personal interview and they were subject to 221 (g) notices, which is an indication that the case is under administrative review or a request for additional information or documents.
Ishani Duttagupta: So now that the visa process is not going to be as simple as earlier for most Indian applicants, what is your advice about the steps that they need to take?
Poorvi Chothani: Being prepared for the visa interview, being honest, having complete answers, being transparent, having a fair knowledge of who you’re visiting, where you’re going, what is the weather like in that place – even simple things like that can trip you up. Remember that every question that the visa interview officer asks you is an opportunity to build your case. So I always tell applicants, don’t waste that opportunity by just answering yes or no. To make sure you get the visa, improve your chances by preparing well.
Ishani Duttagupta: Could you share a quick checklist of documents that an applicant has to have ready for a visa interview, for various categories?
Poorvi Chothani : So, I’ll talk about three categories. But we must remember that visa interviews are not document intensive. In fact, a consular visa officer is not required to look at any documents. The entire decision is made upon the demeanor of the applicant, the conversation between the applicant and the officer and the information at hand. The officer is obliged to look at all the information in the form DS160, which is the visa application form, but they are not obliged to look at anything beyond that. Having said that, it is important to have documents with you, to help build your case, if needed. But never push documents. Let’s look at what documents B2 visa applicants can take to optimize their chances. They must take the income-tax returns for three years. They must take evidence of ownership of property or rental documents to show they have a residence in India to which they will come back at the end of their trip. They should take documents to prove their financial standing including liquid and fixed assets. You need to be familiar with your documents and your information so that you can convey it confidently. If the person is going to join a tour, have your tour reservation and your itinerary with you. If you’re going to meet relatives, be ready with their visa category. Be ready with their information. Have a copy of their documents such as visa, passport or green card. For business travellers going to attend a conference, of course you take the same things, income-tax, returns, assets, documents, ability to pay for the trip, etc. And then you have to show that you’re registered for the conference. Be ready to explain why you’re going for this conference and how it’s going to help you in your career. And if you’re going to go for business meetings, then have an itinerary of your business meetings. Be very clear to explain how what you’re going to do is actually just a business meeting and it’s not productive work or employment. You must be familiar with the person whom you’re going to meet. Now I’ll just quickly talk about the H-1B category. These people have to take ewer documents, but even they should be well prepared. Even though their petition has already been approved by the USCIS, it’s not a guarantee they’ll get their visa. They should have their approval notice and a copy of their petition with them. In addition to that, if the spouse is going with them, they should have a marriage certificate and any other proof of joint assets, etc to show this is a bona fide marriage. In addition to that, they should also take their education credentials and a copy of their resume in case the officer wants to see it. But the H-1B applicant does not have to prove ability to pay for the trip, etc, because it’s usually the company, the employer, that’s paying for it.
