Quick Takeaways
- Restrictions effective immediately
- Existing appointments for third-country nationals should not be cancelled but may result in refusal and/or Administrative Processing
- Limited exceptions for nationals/residents of countries in which the U.S. Department of State is not operating
- A, G, C-2, C-3, NATO, other diplomatic visas, and visas falling under the UN Headquarters Agreement also generally excepted, and rare exceptions for humanitarian, medical emergency, or foreign policy interests
- Green and Spiegel will continue to provide updates as we received them to clarify the confusion and uncertainty this announcement has generated
On September 6, 2025, the U.S. Department of State announced new restrictions for processing nonimmigrant visas ("NIV") and scheduling NIV appointments for third-country nationals ("TCN"). As such, without any forewarning or discernable grace period, NIV applicants are instructed to only apply for NIVs in their country of nationality or residence. There are exceptions for diplomats, NATO and UN workers, and others, as well as for individuals whose home countries no longer have a working U.S. Consulate:
| NATIONAL OF | – DESIGNATED LOCATION(S) |
| Afghanistan | – Islamabad, Pakistan |
| Belarus | – Vilnius, Lithuania; Warsaw, Poland |
| Chad | – Yaoundé, Cameroon |
| Cuba | – Georgetown, Guyana |
| Haiti | – Nassau, Bahamas |
| Iran | – Dubai, United Arab Emirates |
| Libya | – Tunis, Tunisia |
| Niger | – Ouagadougou, Burkina Faso |
| Russia | – Astana, Kazakhstan; Warsaw, Poland |
| Somalia | – Nairobi, Kenya |
| South Sudan | – Nairobi, Kenya |
| Sudan | – Cairo, Egypt |
| Syria | – Amman, Jordan |
| Ukraine | – Krakow, Poland; Warsaw, Poland |
| Venezuela | – Bogota, Colombia |
| Yemen | – Riyadh, Saudi Arabia |
| Zimbabwe | – Johannesburg, South Africa |
For everyone else, the U.S. Department of State has once again created fear and uncertainty through the publication of a vaguely drafted update with enormously consequential repercussions. Specifically, State does not present these restrictions as absolute prohibitions on U.S. Consulates' scheduling or adjudicating TCN NIV applications; instead, the announcement advises that NIV applicants "should schedule their visa interview appointments...in their country of nationality or residence." Further, the announcement exacerbates this confusion by advising NIV applicants that:
- If they are not a national of the host country, they must be ready to prove their residence in said country, without clarifying whether "residence" must be the U.S. equivalent of a green card, permission to live and work in the country even if temporary, the Immigration and Nationality Act's ("INA") definition of residence at INA 101(a)(33) that deemphasizes the individual's intent, the Foreign Affairs Manual's guidelines for residence at 9 FAM 401.1-3(E)(2) that looks for evidence of close and meaningful ties to a foreign locale, or some other standard altogether.
- TCNs "might find that it will be more difficult to qualify for the visa" if they apply outside their country of nationality or residence – which suggests that TCNs may be able to schedule NIV appointments but that they will also be held to a higher standard than others or simply refused outright – and that any fees paid are nonrefundable and nontransferable – which has traditionally been the case with all NIV fees regardless of whether it was a national/resident or TCN applying.
- TCNs "should expect to wait significantly longer for an appointment" than a national/resident of the host country, which once again implies that TCNs may attempt to schedule an NIV appointment, albeit for a date further in the future, presumably. Yet, if a TCN does secure an NIV appointment, they should then expect to be treated in-line with the previous bullet point.
- State "will generally" not cancel an existing NIV appointment for a TCN, with zero guidance as to what will lead the U.S. Consulate in question to countermand this tenuous directive or whether the TCN for an existing NIV appointment will receive the above-described treatment.
Another question left unanswered is whether all NIV applicants, or solely the primary applicant, must be a national/resident of the country in which they are applying, which could provide some flexibility to NIV applicants with a derivative spouse and/or child who is a TCN. We hope to be able to address this question, and more, in the coming days/week.
But what we have already seen within hours of the new guidance going into place is TCNs with preexisting appointments have been summarily refused the NIVs they sought this morning, with the possibility of the NIVs ultimate issuance after undergoing Administrative Processing but with no promise of a resolution to their situation that does not involve applying for a new NIV in their home country. Even more, NIV applicants eligible for the Visa Waiver Program lose their access to Electronic System for Travel Authorization, or ESTA, in such cases. Therefore, a TCN's NIV refusal for no reason besides their nationality or residence may impact two avenues for traveling to the United States, not just the one in front of them.
As noted above, we hope to receive updates as this situation develops, and we will relay said updates as soon as possible. In the meantime, if you have an existing NIV appointment as a TCN or were considering scheduling such an appointment in the near future, please contact our office to discuss your options and strategize the best path forward in your specific circumstance.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
