On Sept. 6, the U.S. Department of State updated its policy requiring all nonimmigrant visa (NIV) applicants to schedule their visa interviews at the U.S. embassy or consulate located in their country of nationality or legal residence.
Applicants may no longer apply at third-country posts except where the U.S. has suspended routine visa operations. In such cases, applicants must go to a designated alternative location. The designated locations can be found here.
This policy change may add delays to the visa application process. Previously, many applicants applied in nearby countries to avoid backlogged consular posts or costly travel to their home country. Now, they will have no choice but to apply in the country of their nationality or legal residence. Visa applicants must demonstrate residency in the country where they plan to submit their visa application.
This new policy, coupled with the elimination of most interview waivers earlier this month, will likely mean longer waits for visa appointments worldwide.
Implications for Employers
- Plan ahead for employees who need to travel. International workers needing a visa to return to the U.S. will need to secure one at the consular post that will issue a visa to them. This will require advance planning to secure an appointment at an appropriate post.
- Confer with counsel. Employers should confer with immigration counsel to determine the appropriate post for a visa applicant and to ensure that the employee has the required documentation.
Implications for Employees
- Reschedule if necessary. There is no grace period or exceptions for existing appointments. Nonimmigrants with currently scheduled appointments in a third country where they do not reside should reschedule in their home country.
- Travel to your home country may be required. Most nonimmigrants who wish to travel internationally may have to return to their home country to apply for and obtain a visa.
- Prepare to document your residence. Visa applicants applying in a country other than the country of their nationality must prove they reside in the country where they are applying. This may require showing evidence of lawful status, such as a visa, and proof of residence, such as a lease, utility bill, etc.
- Consequences for applying in the wrong country. Visa application fees are nonrefundable and nontransferable if applied in the wrong country.
- Expect longer wait times. The new restriction could increase wait times for appointments and processing times for visas, especially at busy consular posts.
- Understand exceptions. Nonimmigrants with diplomatic, humanitarian or medical concerns, or those in countries lacking NIV services, should consult the list of designated consulate locations or reach out for case-specific guidance.
