New State Department Policy: No More "Automatic" Nonimmigrant Waiver Renewals
Posted on May 25, 2025
For years, applicants seeking nonimmigrant waivers under section 212(d)(3)(A) of the Immigration and Nationality Act could rely on one reassuring truth: once a waiver was granted, renewing it in the future was usually a formality. As long as the applicant abided by the terms of the visa—no unlawful work, no overstaying, no protracted stays, no criminal violations— the U.S. Department of State (DOS) would routinely recommend approval of subsequent waivers without revisiting the entire case from scratch.
That changed in February.
In a quiet but significant policy shift, the Department of State announced that it will no longer defer to prior nonimmigrant waiver approvals when evaluating new applications after the original waiver expires (typically after five years). In plain terms: even if you were approved before and abided by the terms and conditions of the visa, your next waiver request will be treated as a brand-new application. There is no longer any presumption of consistency or continuity.
The 212(d)(3)(A) nonimmigrant waiver, otherwise known as a Hranka waiver, allows individuals who are otherwise inadmissible to the United States to receive a nonimmigrant visa. A waiver is available to those who had a prior immigration violation such as a misrepresentation (Section 212(a)(6)(C)(i)) or smuggling (Section 212(a)(6)(E)); a criminal record for a crime of moral turpitude or controlled substance violation (Section 212(a)(2)(A)(i)(I) or (II)); or other grounds of inadmissibility. It has long served as a vital tool for B1/B2 visitors; F-1 students; J-1 exchange visitors and researchers; E-2 investors and employees; H-1B professionals; L-1 executive, managers, and specialists; O-1 individuals of extraordinary ability or distinction; and P athletes and performers, as well as others seeking temporary entry despite a past problem issue.
The waiver process involves both the U.S. consulate and U.S. Customs and Border Protection (CBP). The consular officer makes a recommendation, and CBP (through the Admissibility Review Office) makes the final decision. Unfortunately, that final decision is taking longer and longer to obtain: 9, 12, 15 months of processing is not uncommon to receive the waiver.
Until now, a strong first waiver approval functioned as a kind of pass for future travel. Applicants were advised that as long as they remained compliant with U.S. immigration law and maintained their ties abroad (for B and F visitors), future waivers would be a near-certainty. Many lawyers, including us at White & Associates, would assist with the first waiver and tell clients they likely wouldn’t need help again unless something changed in their circumstances. It offered predictability, stability, and peace of mind.
Now, with the DOS February announcement, that safety net is gone. Each waiver application—whether it’s your first or fifth—will be treated as a completely independent request. DOS will not give any deference to past approvals, no matter how clean your immigration record has been since then. This change introduces uncertainty into what was once a routine process. Even ideal applicants will need to build a strong, well-documented case from the ground up each time they apply. And the practical impact? Legal representation is no longer optional.
Under the new framework, every waiver application must be as strong and comprehensive as if it were your first. At White & Associates, we help clients craft compelling waiver applications that address the specific grounds of inadmissibility clearly and accurately; demonstrate strong ties to the applicant’s home country for visitors/students; establish that the applicant poses no risk of overstaying or violating visa terms; and highlight the reasons for travel to the U.S., whether family-related, medical, educational, business, or employment.
One very important reminder: if the finding of inadmissibility was wrong – no matter how many years ago the decision was – you have the right to challenge that finding of inadmissibility, even if you had been receiving waivers over the years. Consular officers and DHS make errors all the time. Why should you need to apply for a waiver if you do not need one? If a challenge is successful, then there would be no need to go through the nonimmigrant waiver process anymore and all that entails; it would also open new possibilities for immigration.
With DOS now scrutinizing each case independently, experience and thoroughness are critical. There is no margin for error or assumption that past approval guarantees future approval. If you are currently on a 212(d)(3)(A) waiver and plan to apply for a renewal, do not wait until the last minute. And do not assume approval is automatic. Contact us well before your waiver expires so you can build the strongest possible case.
The rules have changed. Your strategy should too.