New Immigration Requirement: Visa Applicants Must Apply in Their Country of Residence or Nationality
The U.S. Department of State has issued a new policy which will require nonimmigrant visa applicants to schedule visa interview appointments at U.S. embassies or consulates in their country of nationality or residence. This policy is likely to have a dramatic impact on foreign nationals, students and U.S. employers who have long relied on more flexible arrangements which allowed applicants who are temporarily abroad (e.g. studying, working, visiting) to apply in third countries not their home or country of residence to avoid lengthy backlogs at home or to combine visa processing with international travel.
Under this new policy, nonimmigrant visa applicants must schedule interviews at an embassy or consulate in their country of nationality (home country) or in their country of lawful residence. If applying outside one’s home country, applicants must demonstrate lawful residence in the country where they seek to apply (for example, with visas, residence permits, leases, or work contracts). Visa application fees will not transfer between locations. If an applicant schedules at an ineligible post, the fee they pay will be lost and the applicant must start over. Nonimmigrant visa appointments already scheduled, however, will not be canceled.
Nationals of some countries without routine U.S. visa services are directed to apply at designated embassies or consulates (e.g., Ukraine nationals in Krakow or Warsaw, Venezuelan nationals in Bogotá, Colombia; Cuban nationals in Georgetown, Guyana).
With U.S. visa backlogs at an all-time high - in particular at posts in India, China, and Mexico where the waits can be as long as a year - it is likely that backlogs will get worse. To avoid problems, here are some practical steps for visa applicants and U.S. employers:
Verify Nationality and Residence: Determine where the applicant is a national and where they legally reside.
Confirm Designated Posts: If the home country lacks U.S. visa services, check the list of designated embassies/consulates provided by the Department of State.
Residency Proof: Be ready to show proof of residence if applying outside the home country.
Check Local Embassy Websites: Country-specific instructions vary; always review the website of the embassy or consulate where the appointment will take place.
Plan Early: Anticipate longer wait times and avoid last-minute scheduling.
Evaluate Exceptions: In rare cases of humanitarian or medical emergencies, an exception may apply — but applicants should not rely on this.
This new Department of State guidance significantly limits flexibility for nonimmigrant visa applicants to apply from third countries. For many foreign nationals, the requirement to apply in their country of nationality or residence is now mandatory. Employers should assess which employees will require upcoming visa stamping in the next 6-12 months, communicate with employees and stakeholders about the long wait times, and prepare for possible financial impacts from postponed start dates or extended overseas stays.
If you are facing visa issues or have any immigration questions please contact our office.