The Issue

On September 6, 2025, the U.S. Department of State (DOS) issued updated policy guidance advising nonimmigrant visa applicants to apply in their country of nationality or residence. While it has generally been DOS policy to recommend that individuals apply in their country of nationality or residence, many posts have routinely accepted applicants who were neither nationals nor residents based on the consulate’s interview capacity.

A Deeper Dive

The September 6th policy update is a clear indication that consulates will now be much less likely to accept “third country nationals” for nonimmigrant visa processing. The policy update is effective immediately.

The policy update also noted the following:

• Closer Scrutiny of Residence Requirement: Applicants applying based on their residence in the consular district must provide documentation clearly demonstrating residence in the country in which they are applying.
• Closer Scrutiny of Eligibility:  Applicants who schedule nonimmigrant interviews at a U.S. embassy or consulate outside of their country of nationality or residence may find it more difficult to qualify for the visa. For example, applicants for visas that require proof of an unabandoned residence abroad may be more likely to be denied.
• Limited Appointment Availability:   While existing nonimmigrant visa appointments for third country nationals will “generally” not be canceled, applicants applying outside their country of nationality or residence should expect to wait significantly longer for an appointment.
• Designated Processing for Certain Applicants: Nationals of countries where the U.S. government does not provide nonimmigrant visa processing must apply at the embassy or consulate designated by DOS, unless their residence is elsewhere.

What this Means for Employers and Employees

Any foreign nationals with scheduled nonimmigrant visa interview should prepare for a more comprehensive review of their applications and an enhanced possibility of denial. Those applicants considering third country processing are encouraged to reconsider their options as they face the increased possibility of lengthy processing delays and denial of their applications.

Employers may expect that employees applying for nonimmigrant visas will experience longer lead times for first‑time and renewal applicants, particularly at high-volume locations. As result, business-related international travel may be delayed due to the scarcity of available appointments as well as increased vetting of applications, requiring employers to develop contingencies for critical trips, such as virtual attendance, alternate dates, etc.

Employers will also need to budget for costs associated with rebooking travel and for the additional costs associated with no longer being able to route business travelers through less expensive third country locations.

At Meltzer Hellrung, we monitor immigration policy developments closely and can assist clients in developing strategies to adapt to shifting government rules and procedures. Please contact your Meltzer Hellrung professional if you would like to discuss the impact of the new State Department policy on nonimmigrant visa applications on your business operations.