February 15, 2012 - On January 19, 2012, President Obama signed an Executive Order to significantly increase legitimate travel and tourism to the United States, with the goal of increasing visa-processing capacity in China by up to 40% in 2012.  This program was officially announced earlier this month by the Department of State, and on February 9 the U.S. Ambassador to China, Gary Locke, announced that the U.S. Embassy in Beijing, China would launch the Nonimmigrant Visa Interview Waiver Pilot Program to begin on February 13, 2012.  The pilot program will run until January 2014.

The new Pilot Program will allow consular officers to waive the visa interview requirement for visa applicants in certain nonimmigrant categories if specific criteria are met.  According to the pilot program, if the visa applicant previously held a visa in the same visa category, and the former visa did not expire more than 48 months prior to the time of the new interview, the consular officer may waive the visa interview requirement.  This discretion will apply only to those foreign nationals seeking visas in the following categories: temporary visitors for business/pleasure (B), transit (C1), crewmembers (D), students (F), exchange visitors (J), nonacademic students (M), and visitors with extraordinary ability (O).  Consular Officers will still have the discretion to request visa interviews to be scheduled for applicants within the aforementioned categories.

BAL Comment:  The implementation of the Nonimmigrant Visa Interview Waiver Pilot Program in China will open up an estimated 100,000 interviews for applicants who wish to obtain a visa for the first time.  Implementation of the pilot program stems from a desire to encourage tourism and visitation to the United States.  In 2011, more than one million visa applications were processed in China and more than 800,000 Chinese nationals visited the United States.  BAL will monitor developments in the new Nonimmigrant Visa Interview Waiver Pilot Program and will send updates regarding new posts implementing the program.

- Berry Appleman & Leiden LLP