Nonimmigrant Visa Applicants Are Instructed to Apply in their Country of Nationality or Residence in Updated Guidance

Effective September 6, 2025, the U.S. Department of State (DOS) has updated its guidance for nonimmigrant (e.g., B, E, F, H, J,  L, O, TN, etc.) visa applicants: interviews should now be scheduled at the U.S. Embassy or Consulate in the applicant’s country of nationality or residence. If relying on country of residence, applicants must prove residency, though DOS does not indicate how.  Nationals of countries without routine U.S. visa operations must apply at designated alternative locations (e.g., Iranians in Dubai; Russians in Astana or Warsaw; Venezuelans in Bogotá; full list is here). DOS advises that applicants applying outside one’s country of nationality or residence should expect to wait longer for an appointment and, if an appointment is secured as a “third country national,” that such applicants might find that it will be more difficult to qualify for the visa.  Existing appointments generally remain valid, and exceptions apply for diplomatic, official, and certain humanitarian cases.

It is unclear exactly how U.S. Embassies and Consulates will implement this new directive, and whether they will exercise flexibility in issuing visas to third country nationals. If you have a previously scheduled visa interview in the coming days at an embassy or consulate outside of your country of nationality or residence, you should be prepared for the possibility that your visa will not be issued. Should that happen, you will almost certainly be required to apply for your visa in your country of nationality or residence. Please keep in mind that visas cannot be issued from within the United States.

We will provide additional updates as we learn more about the implementation of this announcement. If you have questions about visa processing, please contact your KM&M immigration lawyer.