KLF Client Alert: Elimination of Third Country Nonimmigrant Visa Processing Requires all Appointments in Country of Citizenship or Residence

KLF Client Alert: Elimination of Third Country Nonimmigrant Visa Processing Requires all Appointments in Country of Citizenship or Residence

On September 6, 2025, the U.S. Department of State (DOS) issued new guidance requiring applicants for U.S. nonimmigrant visas (NIV) to schedule their interviews at the U.S. embassy or consulate in their own country of nationality or residence onlyThis policy is effective immediately.

Key Changes

  • Interview location requirement: NIV applicants now must interview in their own country of nationality or residence.

  • Existing appointments: Current interview appointments will generally not be canceled.

  • Designated posts for certain nationals: In countries where the U.S. does not conduct routine NIV services, applicants must apply at specific designated embassies or consulates. Affected nationals include those from Afghanistan, Belarus, Chad, Cuba, Haiti, Iran, Libya, Niger, Russia, Somalia, South Sudan, Sudan, Syria, Ukraine, Venezuela, Yemen, and Zimbabwe. Please click here to view the full list of designated locations and details.

  • Residence proof: NIV applicants must demonstrate residence in the country where they apply, if applying based on residency.

  • Fees are non-transferable: NIV applicants who apply outside their country of nationality or residence may face higher scrutiny. Fees paid for such applications will not be refunded or transferred.

  • Longer wait times: Wait times for nonimmigrant interview appointments vary by location. NIV applicants applying outside their country of nationality or residence should expect significantly longer interview wait times.

Exceptions

This guidance does not apply to applicants for A, G, C-2, C-3, NATO, or diplomatic/official visas. Limited exceptions may also be made for humanitarian or medical emergencies, or foreign policy reasons.

What This Means for Applicants

  • Existing appointments remain valid: Current interview appointments will generally not be canceled under the new guidance.

  • Expect delays: Visa appointment backlogs are likely to increase, particularly at high-volume consulates.

  • Plan early: NIV applicants should anticipate longer wait times and plan travel accordingly.

  • Check designated posts: Nationals of countries where the U.S. does not conduct routine visa services must confirm where they are eligible to apply before scheduling (see above).

  • No refunds: NIV applicants should carefully consider where to apply, as fees cannot be refunded or transferred.

We recommend that individuals with upcoming nonimmigrant visa applications and interviews check the website of the U.S. embassy or consulate in their country of nationality or residence for guidance on application requirements, procedures, and interview scheduling availability. Plan travel accordingly.

For assistance with visa strategy and interview preparation under these new rules, please contact our office.

For personalized guidance or the latest updates, please contact our office at info@klugfirm.com or (212) 495-9245 for assistance.

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