What Is the Waiver Review Board Under 22 C.F.R. §41.63(g)?
22 C.F.R. §41.63(g) establishes a Department of State Waiver Review Board composed of designated senior officials or their designees and governs certain internal waiver recommendation review.
The Board exists by regulation
Paragraph (g) formally establishes the Waiver Review Board within the Department of State's waiver regulation.
Its membership is specified
The regulation identifies senior Consular Affairs, public affairs, legislative, and exchange-program officials or their designees as Board members.
Prior involvement is addressed
The regulation contains safeguards concerning substantial prior involvement by an individual in a case later referred to the Board.
The Board is different from the ordinary WRD process
Most applicants interact with the Waiver Review Division rather than directly with the Board. The Board provisions govern internal Department review rather than creating a routine applicant appeal process.
Frequently Asked Questions
Is the Waiver Review Board created by regulation?
Yes.
Is it the same thing as the Waiver Review Division?
No.
Does the Board create a general right to appeal a DOS denial?
No. Current DOS guidance generally states that unfavorable waiver recommendations cannot be appealed or reconsidered except through the limited procedures DOS identifies.
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