The U.S. Department of State (DOS) has expanded its nonimmigrant visa (NIV) interview location policy, making country-of-residence or country-of-nationality processing the standard for visa applicants worldwide.
The updated guidance, effective immediately, instructs most nonimmigrant visa applicants to schedule their visa interviews at a U.S. embassy or consulate in their country of nationality or residence. The policy represents a broader application of interview-location requirements that previously affected certain applicants and consular posts. Applicants from countries where the United States does not conduct routine nonimmigrant visa services must use a designated processing post unless they reside elsewhere.
What Is Changing?
The Department of State now advises that:
- Nonimmigrant visa applicants should schedule interviews at the U.S. embassy or consulate in their country of nationality or residence.
- Nationals of countries where routine NIV services are unavailable must apply at the designated U.S. embassy or consulate assigned to process those cases, unless they reside in another country.
- Applicants relying on residence as the basis for applying in a particular country must be able to demonstrate that residence.
- Third-country national applications may face additional scrutiny and processing challenges.
Important Information for Applicants
Proof of Residence May Be Required
Applicants choosing to apply based on residence rather than nationality should be prepared to provide evidence showing they legally reside in the country where they are seeking a visa interview.
Applying Outside Your Country May Be More Difficult
The Department of State warns that applicants who schedule visa interviews outside their country of nationality, residence, or designated processing post may encounter greater difficulty qualifying for a visa.
In addition, visa application fees paid for such applications are non-refundable and non-transferable, even if the applicant’s circumstances change.
Longer Wait Times for Third-Country Applications
Appointment availability varies widely around the world. Applicants who attempt to apply outside their country of nationality or residence should expect significantly longer wait times for interview appointments than those applying at their designated post.
Existing Appointments Generally Remain Valid
The Department of State has stated that existing nonimmigrant visa appointments generally will not be canceled because of the updated guidance. However, applicants should monitor communications from the relevant embassy or consulate in case individual posts make scheduling changes.
Exceptions to the Policy
The guidance does not apply to:
- A visas
- G visas
- C-2 visas
- C-3 visas
- NATO visas
- Diplomatic or official-type visa applicants
- Travelers covered by the United Nations Headquarters Agreement
The Department of State also notes that rare exceptions may be granted for:
- Humanitarian emergencies
- Medical emergencies
- Foreign policy considerations
What’s Next
The updated policy may affect a wide range of visa categories, including:
- B-1/B-2 visitor visas
- F-1 and M-1 student visas
- J-1 exchange visitor visas
- H, L, O, P, and other employment-based nonimmigrant visas
Individuals who previously planned to seek appointments in third countries to avoid long wait times should carefully review the new guidance before making travel arrangements. Applicants may increasingly be expected to complete visa processing in the country where they reside or hold nationality.
For applicants residing in countries without routine visa services, identifying the appropriate designated processing post will become especially important.
Erickson Insights and Analysis
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.