On September 6, 2025, the U.S. Department of State updated their Nonimmigrant Visa interview instructions to restrict third-country processing of Nonimmigrant Visas. Third-country processing refers to a national of one country applying for a nonimmigrant visa in a country in which they are neither a national nor resident: for example, a French national applying for a nonimmigrant visa in London while visiting for a business trip. This is a major change as, under the Biden administration, consular posts worldwide had announced they were required to accept any applicants including third-country nationals.
Effective immediately: We recommend that applicants for Nonimmigrant Visas (NIV) should schedule their interviews at the U.S. Embassy or Consulate in their country of nationality or residence. Third country processing of immigrant visas is similarly restricted.
Nationals of countries where routine nonimmigrant visa services are not offered by the U.S. government must apply at the designated embassy or consulate assigned for their nationality, unless they reside in a different country. (List of Designated Locations for NIV Processing available here.)
NIV applicants should note the following:
- Residence Requirement: If applying for a NIV outside one's country of nationality based on residency, applicants must provide valid proof showing they reside in the country where they are applying.
- Higher Scrutiny at Third Country: Applicants who schedule nonimmigrant visa interviews at a U.S. embassy or consulate outside their country of nationality or residence may face greater difficulty qualifying for the visa and may be subject to lengthier administrative processing.
- Appointment Availability: Applicants applying for a NIV outside their country of nationality or residence should anticipate significantly longer wait periods for visa appointments.
- Fees: Visa applicants are reminded that visa fees paid to a specific consular post cannot later be refunded or transferred to another consular post.
- Existing Appointments: Scheduled nonimmigrant visa appointments will generally not be canceled.
- Exceptions: Rare exceptions may be granted for humanitarian situations, medical emergencies, or foreign policy reasons. This guidance does not apply to applicants for A, G, C-2, C-3, NATO visas, applicants for diplomatic-type or official-type visas (regardless of classification), or applicants for any visa for travel covered by the UN Headquarters Agreement.
The restrictions in third country processing of NIV, alongside the recent restrictions on NIV interview waivers, mean that applicants should plan to schedule visa appointments as far in advance as possible. Employers will also want to plan for additional time abroad for visa stamping for employees who need to travel to their home country for visa issuance. As mentioned above, exceptions for third-country processing and emergency visa appointments may be appropriate in certain circumstances.
Associate Ericka Cruz was a contributing author to this client alert.
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.
