The US Department of State issued new guidance on September 6, 2025 instructing nonimmigrant visa applicants to apply for nonimmigrant visas in their country of residence or nationality, with limited exceptions. The new policy took effect immediately and comes days after the elimination of interview waivers for most applicants.
The September 6 guidance announced that all applicants for US nonimmigrant visas should schedule their visa interview appointments at the US embassy or consulate in their country of nationality or residence. Prior to this announcement, third country nationals could generally apply for nonimmigrant visas at most US consulates worldwide without restriction.
The announcement states that applicants applying in their country of residence as opposed to their country of nationality must be prepared to demonstrate their residence. Nationals of countries where the US government is not conducting routine nonimmigrant visa operations (e.g., Venezuela, Cuba, Russia, Ukraine, Haiti, Iran) must apply at an embassy or consulate designated on the Department of State website, unless their residence is elsewhere.
The Department of State did not issue an outright restriction on third country national consular processing but warned that 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.”
While third country national nonimmigrant visa applications that were pending prior to September 6 will generally be honored, such applicants may be subject to heightened scrutiny at their interviews. The department also warned of increased interview appointment wait times for applicants who do not adhere to the policy and clarified that visa application fees will not be refunded and cannot be transferred.
The new policy does not apply applicants for A, G, C-2, C-3, or NATO visas, applicants for diplomatic-type or official-type visas, or applicants for any visa for travel covered by the UN Headquarters Agreement. The Department of State also noted that it may make rare exceptions for humanitarian or medical emergencies or foreign policy reasons.
This September 6 policy change comes just days after another Department of State policy change took effect and significantly impacted consular nonimmigrant visa processing: effective September 2, the department eliminated eligibility for nonimmigrant visa interview waivers for all applicants except the following:
- Applicants classifiable under the visa symbols A-1, A-2, C-3 (except attendants, servants, or personal employees of accredited officials), G-1, G-2, G-3, G-4, NATO-1 through NATO-6, or TECRO E-1
- Applicants for diplomatic- or official-type visas
- Applicants renewing a full validity B-1, B-2, B1/B2 visa or a Border Crossing Card/Foil (for Mexican nationals) within 12 months of the prior visa’s expiration and who were at least 18 years old at the time of the prior visa’s issuance
IMPACT ON VISA APPLICANTS AND EMPLOYERS
The combination of the end of consular interview location flexibility and end of visa interview waivers for most visa applicants will increase nonimmigrant visa interview backlogs, especially for applicants from high-demand countries such as India or China who must now attend a consular interview for every nonimmigrant visa application, whether it is an initial visa application or an application for a visa renewal.
Visa applicants should plan and schedule interviews at the consulate as early as possible and recognize that spontaneous travel may become more difficult.
Employers should also expect and factor in delays for their foreign national employees who must apply for visas at consulates abroad. The Department of State’s new policies could create delay in onboarding new hires who must first obtain a visa prior to entering the United States and could result in lengthy absences for existing employees who must travel abroad for visa renewals.
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