On September 6, 2025, the Department of State (DOS) announced it will require most non-immigrant visa applicants (such as B-1, E-3, H-1B, L-1, O-1, TN-2 etc.) to schedule visa interviews in their country of nationality or residence, effective immediately. DOS did not provide any advance notice of this change.
The announcement specifies that existing appointments “will generally not be cancelled.” However, LAC has received a number of reports of visa refusals for applicants who are applying for a nonimmigrant visa in a third country. It is possible that the consular officers did not receive sufficient notice or guidance before the policy change was announced, resulting in erroneous refusals.
DOS Updates Policy limiting U.S. non-immigrant visa (NIV) interviews to the U.S. Embassy or Consulate in their country of nationality or residence specifies:
- Residence Requirement:Applicants must be able to demonstrate residence in the country where they are applying, if the place of application is based on their residency.
- Fees: Applicants who schedule nonimmigrant interviews at a U.S. embassy or consulate outside of their country of nationality or residence might find that it will be more difficult to qualify for the visa. Fees paid for such applications will not be refunded and cannot be transferred.
- Appointment Availability: Wait times for nonimmigrant interview appointments vary by location. Applicants applying outside their country of nationality or residence should expect to wait significantly longer for an appointment.
- Existing Appointments: Existing nonimmigrant visa appointments will generally not be cancelled.
- Exceptions: This guidance does not apply to applicants for A, G, C-2, C-3, NATO visas, applicants for diplomatic-type or official-type visas (regardless of classification), or applicants for any visa for travel covered by the UN Headquarters Agreement. Rare exceptions may also be made for humanitarian or medical emergencies or foreign policy reasons.
- Nationals of countries where the U.S. government is not conducting routine nonimmigrant visa operations must apply at the designated embassy or consulate, unless their residence is elsewhere.
Designated Locations for Nonimmigrant Visa Processing
This update was prepared by Adriana Edwards, Post-Bar Law Clerk, Larrabee Albi Coker LLP.
Legal Disclaimer: This is provided for informational purposes only and does not substitute for legal advice based on the circumstances of a specific matter. Immigration laws and policies change frequently, often without notice. It is therefore important to seek direct legal counsel based upon individual circumstances.