Changes to H2B and J-1 Visa Interview Waiver Policy

By Attorney Keith Pabian and the Pabian Law Team

On July 25th, the U.S. Department of State (DOS) announced that it would be changing its visa interview waiver policy, effective September 2, 2025. Under the updated policy, nearly all nonimmigrant visa applicants, including H-2B visas, will now be required to attend an in-person interview at a U.S. consulate or embassy. This change applies to all nonimmigrant visa applicants (all types of U.S. visas) applying for a visa at an embassy or consulate on or after August 28th. While there are a few exceptions to this policy, none apply to H-2B visas.

What does this mean for H-2B employers?

​The end of embassy and consular interview waivers will have major impacts on employers in the hospitality industry. Employers will now almost certainly face delays in seeing out-of-country H-2B workers arrive for the season due to interview appointments likely being backlogged in their home countries. Additionally, workers already in the U.S. who travel abroad during the season will also likely encounter delays returning, further straining seasonal employers’ operations. 
 
This new change will have a particular impact on employers who recruit heavily from Mexico and Jamaica, as those countries have a large number of H-2B workers. As a result of this policy change, Mission Mexico has reopened nine (9) consular locations to accommodate H-2B visa appointments. The agency estimates that the end of interview waivers will require an additional 350,000 interviews in Mexico alone. Backlogs seem all but certain.

​This is not just an H-2B visa issue

​Employers who also rely on the J-1 visa program for seasonal staff will face early-season disruptions. As a reminder, on May 27th, new J-1 visa interview appointments were paused as the State Department made plans to expand the screening of student and exchange visitor applicants’ social media accounts. This halt was lifted on June 18th and DOS resumed scheduling J visa interviews. While interviews resumed on June 18th, the removal of the waiver option will cause significant delays, making it more difficult for employers to have their seasonal workforce ready on time. Adding to the challenges, the DOS has also expanded vetting of all new student and exchange visitor visa applications (F, M, and J) by investigating applicants’ social media accounts for anti-American and antisemitic sentiment. The more aggressive screening of new J-1 visa applications will also likely lead to delays for employers looking to get workers on time.

Solutions

Employers should carefully evaluate several strategies to help reduce the impact of these delays and secure workers in time for the start of their seasons. We recommend:
 

1. Urging out-of-country workers to schedule consulate/embassy visa appointments as soon as you receive your H-2B visa petition approvals from U.S. Citizenship & Immigration Services (USCIS);
   
   
2. Reconsider recruiting in-country workers – these workers are not required to attend a consulate/embassy appointment since they are already in the United States; and
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3. Recommend in-country workers not to leave the U.S. during the season. If workers do need to leave, strongly encourage them to schedule consulate/embassy appointments before they leave the U.S. when possible to minimize the amount of time that they will be stuck outside the country.

 
We expect this policy change to impact the availability of consulate/embassy appointments for the duration of this policy. Please do not hesitate to reach out with any questions. 

Author: 

Keith Pabian
Founding Partner | Pabian Law
40 Speen Street, 4th Floor
Framingham, MA 01701
p 617.939.9444 f 508.626.1530
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[email protected]

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