Nonimmigrant Visa Applicants Should Now Apply in Country of Nationality or Residence

Herbert Smith Freehills Kramer

The Department of State (DOS) announced that effective immediately, applicants for U.S. nonimmigrant visas (NIVs) should schedule their visa interview appointments at the U.S. embassy or consulate in their country of nationality or residence. According to DOS guidance, if an applicant schedules an interview at a U.S. embassy or consulate outside of their country of nationality or residence, it will likely be more difficult for him/her to qualify for the visa, and in many cases, officers may refuse to conduct the interview.

While existing NIV interview appointments will generally not be cancelled, we advise that all future appointments are booked according to this updated guidance. Furthermore, based on this update, we anticipate that wait times for NIV interview appointments will increase significantly in many cases, particularly in countries with high applicant numbers such as China and India. Employers and foreign national employees seeking to schedule NIV interview appointments should plan accordingly, and check embassy and consulate websites for country-specific information about visa application requirements and procedures.

Nationals of countries where the U.S. is not conducting routine NIV operations must apply at the designated embassies/consulates listed on the DOS website (unless they reside in a country where NIV interview appointments are available).

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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