On July 27, 2023 Senator Amy Klobuchar (D-MN) and Senator Jerry Moran (D-KS) introduced the Visa Processing Improvement Act (S. 2632) to expand in-person interview waivers, set timeframes for visa interviews, initiate pilot programs, and improve accountability and transparency among other changes. Notable provisions include:
Establishes a nonimmigrant visa processing timeline
The bill would require at least 80 percent of nonimmigrant visa (NIV) applicants be interviewed “no later than 21 days” after the application is received by the consulate.
If a consulate does not comply with the interview wait times as established by Congress, the Secretary of State, or the Assistant Secretary for Consular Affairs, for 90 consecutive days, the Secretary must develop protocols to reduce wait times such as relying on the staff of other consulates, increase staffing, upgrading technology, or submitting to the Secretary plans to improve efficiency.
Expands eligibility to the waiver of the in-person interview requirement
The bill would expand eligibility for the in-person interview waiver to certain individuals applying for the first time in the following visa categories: B, F, H, J, L, M, O, P, and Q who are also nationals of Visa Waiver Program countries and have previously traveled to the United States via the Electronic System for Travel Authorization (ESTA).
For individuals who have previously applied for an NIV who submitted biometric data to the DOS or DHS, an in-person interview may be waived if the person had a valid B, F, H, J, L, M, O, P, and Q visa not more than 24 months before submitting an application, and the consular officer has no indication the applicant has not complied with U.S. immigration laws and regulations.
Establishes a limited B-1/B-2 remote interview pilot program
The bill would establish a limited remote interview pilot program where videoconferencing is offered to former visa holders who are applying for a B-1 or B-2 visa and have had a prior visa that expired no more than 48 months prior to applying for the new visa, among other criteria.
Allows expedited service for certain first-time visa applicants
The bill would allow first-time visa applicants who are eligible for a waiver of the in-person visa interviews under the criteria established above to request expedited service. Expedited service would still require an interview; however, this interview would be conducted through a remote videoconference no later than 14 days after application for a visa. Expedited service would require a $500 fee for people over 17 and a $50 for those 17 or younger. The expedited fee is to be used to expand the Consular Fellows Program and to support the recruitment and training of staff to provide expedited services.
Permits domestic renewal of B-1/B-2 visitor visas
The bill also seeks to permit domestic renewal of B-1 and B-2 visas. B-1 and B-2 visitors would be able to apply to renew their status while in the United States by submitting to an appropriate office of DHS with a fee to be determined by the Secretary of State. The applicant must be eligible for the waiver of in-person visa interview.