The U.S. Department of State (DOS) has updated its policy regarding Nonimmigrant Visa (NIV) waivers. A significant change is the removal of the rule that directed consular officers to follow previous decisions when considering waiver requests. This means that each waiver application will now be reviewed independently. For applicants, this signifies that their case will be assessed on its own specific details, and consular officers will have greater discretion in their decision-making process.

The Old Way: A Degree of Consistency

Previously, the process had a level of predictability. Consular officers often followed the precedent of a previously granted waiver for the same individual, unless new concerns arose. This meant that if you had been granted a waiver before, your subsequent applications were often reviewed with that in mind.

A Shift Towards Individuality

The U.S. Department of State has now changed this. The “deference” rule is gone. Now, every NIV waiver application will be assessed on its own. Consular officers will not be bound by previous decisions and will have more leeway in their evaluations.

What This Means for Your Application

This change introduces a more individualized approach, which also means less certainty. You can no longer rely on a past waiver to automatically secure a new one. Your current application will be scrutinized independently. Therefore, a strong and well-supported application with the latest information is crucial.

Not Applicable to Immigrant Visas

Please be aware that this update specifically affects Nonimmigrant Visa waivers. If you are applying for an Immigrant Visa waiver, the procedures remain unchanged.

Key Takeaway: Be Prepared

With this new policy in place, applicants for NIV waivers should be prepared for a more in-depth review. Ensure your application is thorough and provides all necessary supporting documentation to increase your chances of approval. For personalized guidance, consulting with an immigration attorney is a wise step.