Updated Policy on Non Immigrant Visa Applications in Third Countries

October 21, 2025

What is the new policy on third-country non-immigrant visa interviews?

**Q:**What changed?A : As of September 6, 2025, the U.S. Department of State (DoS) advised that nonimmigrant visa applicants—including F-1, J-1, H-1B, E-3, O-1 and dependents—should schedule interviews in their country of nationality or residence, effectively restricting the broader practice of applicants applying for nonimmigrant visas NIV in a “third country.” The new rules are effective immediately and apply to all nonimmigrant visa applicants.

Previously, many visa applicants could use consulates in countries other than their home or residence country (“third-country nationals” or TCNs). Under the updated guidance, applicants applying for nonimmigrant visas NIV outside their country of nationality or residence are subject to the new rules, and NIV applications and visa processing procedures are now subject to stricter scrutiny for third-country applicants. This means visa processing for nonimmigrant visas NIV must follow updated procedures, and visa applicants should expect additional requirements and limitations.

Why did the State Department issue this change?

• The pandemic (COVID-19) created major interview backlogs and consular staffing shortages worldwide, significantly impacting nonimmigrant visa operations.
• Many applicants sought out “third-country” interviews as a workaround, which placed a heavy load on some consulates and further strained nonimmigrant visa operations.
• The DoS’s announcement is intended to re-establish clear consular jurisdiction, restore routine nonimmigrant visa operations and services, emphasize residency as basis for interview location, and discourage routine third-country processing.
• Although the wording uses “should” rather than “must,” it signals that consular posts have discretion to deny or heavily scrutinize TCN cases.

Which visa types and applicants are affected?

• Non-immigrant visas (NIV) such as F-1 (students), J-1 (exchange visitors), H-1B (specialty workers), E-3 (Australian specialty workers), O-1 (extraordinary ability), and dependents.
• Applicants for A, G, C-2, C-3, NATO and diplomatic/official visas are not covered by this policy change.
• Nationals of countries where the U.S. does not provide routine nonimmigrant visa services must apply at the designated embassy or consulate assigned for their nationality. These applicants are required to use the official locations for nonimmigrant visa processing national, even if they reside elsewhere.

Which countries and nationals face the designated-location requirement?

The updated list (as of October 10, 2025) identifies nationals of certain countries who must apply at a designated U.S. consulate or embassy (even if they live in another country). Here are selected examples:

If you hold nationality from one of these countries, you must apply at the designated embassy or consulate listed above, unless you reside in a different country and may qualify under a residency exception.

Before applying, check the operating status of the designated embassy or consulate to ensure visa services are available. It is also recommended to review the embassy or consulate website for detailed information on current visa application requirements and procedures.

What are the key changes in practice?

Residence Requirement

Applicants must now demonstrate actual residency in the country where they schedule their visa interview. Simply being in the country temporarily (for tourism or business) may not suffice—and applying outside your country of nationality or legal residence will likely trigger increased scrutiny.

Existing Appointments

If you had already scheduled an interview under the previous expectation of third-country processing, your existing nonimmigrant visa appointments will generally remain valid. Visa appointments will generally not be canceled unless specific exceptions apply. However, fees (such as the MRV fee) are non-refundable and cannot be transferred to a different location if you choose to change your location post-policy.

New Appointment Availability

Expect longer wait times if you attempt to book an interview in a country where you are neither a national nor legal resident. Consular posts will likely prioritize local residents and nationals.

Exceptions

This policy does not apply to A, G, C-2, C-3, NATO or other diplomatic/official visas. Additionally, exceptions may be granted in cases of humanitarian or medical emergencies, emergencies or foreign policy reasons, and medical emergencies or foreign policy considerations. For example, consular officers may allow flexibility for urgent medical emergencies, humanitarian needs, or when foreign policy reasons require special handling of visa appointments and processing.

Effective Supersession

This update supersedes prior guidance regarding third-country visa interview location flexibility. Applicants and advisers must now align their planning with the revised standard.

How should applicants adapt their visa interview strategy?

Step-by-step action plan:

1. Check your nationality and residence status. Are you applying in your home country or the country where you legally reside?
2. If applying in a third country: Ask if the consulate accepts TCN applicants; be prepared for longer wait times, extra documentation, and possible restrictions on visa appointments, visa processing, and visa issuance.
3. Prepare your documentation: Demonstrate your legal residency or home‐country connection clearly—residence permit, utility bills, lease, tax filings, etc.
4. Schedule your DS-160 and pay the MRV fee at the correct consulate for your location. Keep in mind that visa processing and visa issuance may be affected by the location where you schedule your visa appointments.
5. Monitor appointment availability: Book early, and recognize that slots may be limited if you’re a TCN.
6. Be ready for increased scrutiny: A consular officer may ask why you chose to interview in a third country, if you lack residency there.
7. Maintain flexibility: If your preferred consulate declines to accept you or cancels your appointment, you will need an alternate plan (returning to your home country, applying where you reside, or exploring emergency category).

Expert Tip:“Always verify the U.S. Embassy or Consulate website in your selected country for third-country interview eligibility before committing your fee.”

What risks and drawbacks should you consider?

• Refusal risk: Applying as a TCN may increase the chance that the consular officer deems you ineligible or lacks jurisdiction.
• Longer wait times: Non-resident slots may be fewer, increasing delay.
• Travel and cost burden: You may need to travel to your home country or the consulate that has jurisdiction—higher expenses and time off work or study.
• Transfer fee non-refunds: The MRV fee is location-specific and non-transferable.
• Administrative processing (221(g)): Increased risk of additional review if your case is treated outside your home region.
• Policy interpretation variation: Each consulate may implement the guidance differently—some may close TCN slots entirely; others may permit on limited basis.

How does this impact students and employers?

Students (F-1/J-1):

• International students living temporarily in a country other than their home country should be cautious about scheduling in a third country.
• Exchange visitors and scholars (J-1) may face added hurdles if their host country is not their country of nationality or legal residence.

Employers and skilled workers (H-1B, E-3, O-1):

• Corporate mobility strategies may need revision: employees cannot assume they can interview in “vacation” destinations.
• Global HR teams must verify third-country consulate policies and align scheduling with home or residence country if possible.

What regional considerations apply?

• North America (Canada & Mexico): Historically popular for Indian, Chinese, and other Asian nationals seeking alternative interview locations. Post-policy, those applicants may face redirected scheduling back to home or residence country.
• Middle East & Asia (Dubai, Singapore): Many third-country interviews took place in hubs like Dubai. Under the new policy, applicants residing temporarily in the UAE but not resident may face refusal or delays.
• Europe (Warsaw, Frankfurt, Madrid): European posts often had TCN slots. The new policy will likely reduce TCN availability and shift priority back to EU nationals/residents.

How should consular officers interpret the policy?

• Consular officers retain discretion to refuse an interview if they believe the applicant lacks residency or sufficient connection to the selected location.
• A “should” in the policy is not a legally binding “must,” but in practice it signals strong guidance and likely increased scrutiny of TCNs.
• Applicants should anticipate questions around: why they chose the selected consulate, how long they have been in the country, and proof of residence.

Frequently Asked Questions (FAQ)

Q1: Can I schedule a U.S. non-immigrant visa interview in Canada if I am an Indian national temporarily living there for tourism?
A: Only if you can prove you are a resident of Canada (e.g., work permit, study program, tax filings). A short‐term tourist stay would most likely not qualify under the new policy.

Q2: Do I need a visa for the third country just to attend the interview?
A: Yes — if you require a visa to enter or stay in the third country where the consulate is located, you must independently ensure that your travel and residency status in that country are valid.

Q3: What happens if my MRV fee is tied to a consulate and I’m forced to change the location?
A: The MRV fee is non-refundable and non-transferable between consulates. You would likely need to pay a new fee at the new location.

Q4: Will this change my chances of visa approval?
A: The policy itself doesn’t guarantee refusal—but as a TCN applicant you may face higher scrutiny, longer wait times and a greater burden to show connection to the third country.

Q5: Can a consulate make an exception for me even if I don’t fit the new standard?
A: Yes — in humanitarian situations, urgent medical travel, or foreign policy cases, a consular officer has discretion to grant an exception. But you cannot rely on this in routine cases.

What are practical tips for those planning visa interviews under the new guidance?

• Book early—especially if you must travel to another country or stay longer than planned.
• Arrange your travel to the consulate with enough cushion for potential delays or administrative processing.
• Pack clear proof of residency or ties to the country where you are interviewing—lease, utility bills, tax returns, local ID, etc.
• Avoid scheduling a third-country interview solely because the home country interview wait time is long. Options may include waiting for an appointment in your country of residence or exploring alternate consulates where you genuinely reside.
• Monitor each U.S. Embassy/Consulate’s website for updates: they may publicly state whether they accept TCN applicants.
• Keep abreast of global trends: for example, some consulates may temporarily suspend TCN slots due to staffing or local COVID-19 conditions.
• Coordinate with your employer or educational institution early—especially if your visa timeline impacts your start date, travel, or enrollment.

What additional strategic considerations should be seized by HR, universities and advisors?

• Global mobility policies may need revision: companies that had assumed flexibility for visa interviews in third countries should update internal guidelines.
• Universities that advise international students must integrate this policy into student orientation, visa planning webinars and pre-departure materials.
• Immigration attorneys and advisers must evaluate (for each case) whether the proposed interview country meets residency criteria or constitutes a risky TCN scenario.
• Organizations should monitor wait time data for visa interview slots across consulates and adjust applicant routing accordingly—e.g., redirect to home/residence country rather than chasing cheaper or faster third-country slots.
• Maintain documentation of third-country eligibility decisions in case of unforeseen delays—and build contingency planning for interview location failure.

Where can you find official resources and tracking data?

• U.S. State Department Visa Wait Time Tool: https://travel.state.gov/ (select “Visa Wait Times” under U.S. Embassies & Consulates).
• U.S. Embassy or Consulate’s website in the country where you wish to apply—look for “Visa Interview Appointments,” “Third-Country Nationals” or TCN policy statements.
• U.S. Department of State – Consular Affairs: https://travel.state.gov/ under “Visas > Nonimmigrant Visas.”
• Guidance from the law firm of Herman Legal Group: https://www.lawfirm4immigrants.com/

Summary table: Old policy vs. New policy (Sept 6, 2025)

How should you assess your case under this change?

When advising or applying, ask yourself:

• Is my nationality from a country with a designated-location rule? If yes, I must apply at that location unless I reside elsewhere.
• Do I have legal residency in the country where I wish to interview? If I only have temporary visa/travel status, the risk is higher.
• Has the consulate stated it accepts third-country nationals at all? If not, I should move to my country of residence or nationality.
• Is my preferred interview timing essential (e.g., start date of job, study term)? If so, I should evaluate alternate locations early and book early.
• Am I prepared for longer wait times and possible administrative processing if I choose a TCN route?
• Is there a contingency plan if my interview slot is cancelled or if the consulate changes policy unexpectedly?

Takeaway for applicants, advisers and institutions

• Make interview-location decisions early and based on residency, not convenience.
• Document residency evidences clearly.
• For students, workers, dependents: align timing of interview with program/employment start dates and factor in extra buffer time.
• For HR/Immigration teams/universities: update policies and guidance to reflect this shift and educate stakeholders accordingly.
• For immigration attorneys: review each case for third-country risk, document decision-making, plan for fallback options.

Author Bio / Profile

Richard T. Herman, Esq. is the founder and president of Herman Legal Group, a nationally recognized immigration law firm headquartered in Cleveland, Ohio. He has over 30 years of experience advising individuals, families, students and employers on complex immigration matters. He is the co-author of “Immigrant, Inc.: Why Immigrant Entrepreneurs Are Driving the New Economy (and How They Will Save the American Worker)” (John Wiley & Sons, 2009).
For more information about his background and practice areas, see his profile at Herman Legal Group: Meet Richard T. Herman and explore the firm’s website Herman Legal Group. To connect with Richard and his team, you may call +1-216-696-6170 or submit an inquiry via the firm’s online contact system.

Key Takeaways

• The State Department’s September 6, 2025 policy update restricts third-country (TCN) non-immigrant visa interviews for applicants unless they are nationals or residents of the interview country.
• Applicants must demonstrate legal residency in the country where they plan to interview; short-term visits are generally insufficient.
• Nationals of countries without routine visa services must apply at designated U.S. consulates, even if residing elsewhere.
• Scheduled appointments under the old system remain valid, but changing locations post-fee may lead to non-transferable fees and delays.
• Applicants in third-country status should anticipate longer wait times, higher scrutiny and increased risk of refusal.
• Students, workers and employers need to adjust scheduling strategies and travel planning to align with the new policy.
• Legal advisers, HR professionals and institutions should update their procedures and internal guidance immediately to reflect the change.