What to Consider When Applying for Third Country National Processing

Third Country National (TCN) processing is when an individual applies for a U.S. visa in a country other than their home country. While there can be benefits to taking this path, it can also present unique challenges depending on your visa category, personal history, and processing location. If you are considering TCN processing, planning ahead is critical. 

To minimize potential visa processing problems, TCN applicants should consider the following questions before scheduling an appointment:

• Is a visa required to enter the third country? If so, you must ensure that you have the proper documentation to enter the country before you can process your U.S. visa there.
• Do you have a connection to the third country or a logical reason to be there? Not all U.S. Consulates will accept jurisdiction over all cases, but it is helpful if you have a legitimate explanation for being in the third country, outside of your desire to process your visa there. For this reason, many TCN applicants choose to process their visa in a country where they have family or business ties. 
• Can you get an appointment? Some consulates have different scheduling timelines for TCN applicants and prioritize giving appointments to citizens of the country where they are located. Others may have backlogs in general due to low staffing or other factors. In addition, if you have a complicated case history (such as a prior visa denial, criminal history, or previous immigration violation), you may be required to process your visa in your home country. 
• Does the consulate regularly process the type of visa you are applying for? Certain visas, including country-specific visas like E-2s, TNs, and H-1B1s, may not be regularly processed in some countries, and/or the consulate may not be well-versed in the application requirements for those visas, which can increase the chance of a delay or denial.
• Do you have the means to stay in the third country while you await processing? While many applicants are able to process their visas in just a few business days, for others it takes several weeks to complete the process. During that time, you will not be able to travel internationally and must remain in the processing country. 

While it comes with additional considerations and is not appropriate for every situation, TCN processing can be a very useful alternative for many applicants. If you are considering TCN processing, it is always best to consult an immigration attorney who can advise you regarding which countries to consider, and increase your odds of a successful visa application. 

NOTICE: Material provided on this website has been prepared by Kauff McGuire & Margolis LLP solely for general informational purposes, and it is not intended to and does not constitute legal advice. Material provided on the website is not privileged and does not create an attorney-client relationship with the Firm or any of its lawyers.