July 7, 2003. The Department of State announced today that effective August 1, 2003 a personal appearance will be a required as a standard part of nonimmigrant visa processing for the majority of visa applicants. The Department of State began implementing personal appearance requirements at various consulates after 9/11 when it was determined that several of the hijackers obtained visas without interview. The Department of State announcement expressly warns visa applicants that long delays can be expected as no additional staffing is being allocated to augment the increased workload.

The personal appearance rules limit the situations where a “personal appearance waiver” can be granted. The waiver can be granted to children less than sixteen years of age, and seniors sixty years or older, as well as diplomatic visa applicants (A, C-2, C-3, G, or NATO). In addition, individuals seeking reissuance of a nonimmigrant visa within 12 months of expiration may be granted the waiver. Finally, other provisions allow for waivers in cases of national interest. No provisions have been made for waivers for business visa applicants coming to work at U.S. companies.

Berry, Appleman & Leiden has been monitoring the situation at U.S. consulates that have already implemented the personal appearance requirement, such as the U.S. Embassy in London, and can report scheduling backlogs of 4-6 weeks. In addition, visa issuance and return of the passports takes another 4-7 working days in the United Kingdom. We expect that similar, possibly even worse, delays will result across the globe as U.S. consular officers grapple with the personal appearance requirement.

Source: Department of State Interim Rule 68 Federal Register 40127, July 7, 2003