Department of State Limits Third Country National Nonimmigrant Visa Appointments
On September 6, the U.S. Department of State (DOS) announced an updated policy for nonimmigrant visa applicants, effective immediately. The new policy directs applicants for most such visas (including H-1B, L-1, O-1, F-1, J-1, B-1/B-2 etc.) to schedule their interview appointments in their country of nationality or residence. For applicants applying in their country of residency, they must be able to evidence their residence in that country.
The new policy restricts applicants’ ability to apply for nonimmigrant visas as so-called third-country nationals (TCNs). While it does not appear to impose an outright ban on TCN applicants, the policy announcement is ambiguously worded, and could mean that some or all U.S. consular posts will stop scheduling new visa appointments for persons who are not residents or citizens of the country in which they seek to apply.
For applicants with existing TCN appointments, U.S. Embassies and Consulates will generally not cancel those appointments. However, under the new policy, applicants may face increased scrutiny. While applicants may choose to reschedule at an embassy or consulate in their country of nationality or residence, previously paid application fees are nonrefundable and cannot be transferred.
The DOS will allow for some limited exceptions to this new policy. For example, nationals of countries where the U.S. does not conduct routine visa operations are required to apply at designated posts. The Department of State website provides a list of designated posts for persons from countries where the U.S. does not provide visa services. In addition, the new policy will not apply to diplomatic and official visas, and limited exceptions may be made for humanitarian, medical, or foreign policy reasons.
What this Means for Our Clients
It is unclear whether the new policy imposes an outright ban on applicants applying for visas outside their country of citizenship or residence, or serves more as a warning that their applications will face a higher degree of scrutiny and/or risk of rejection if they choose to do so. Until there is further clarification, for clients seeking to schedule new visa appointments, we recommend doing so in their country of nationality or residence. Given the frequent changes in visa policy under the current administration, we also continue to recommend that persons in nonimmigrant status consider avoiding non-essential international travel, unless they already have a valid visa to reenter the U.S.
Although the Department of State has indicated that U.S. Embassies and Consulates will generally not cancel existing TCN appointments, we anticipate that such applicants may encounter heightened scrutiny, additional administrative processing, and potential visa issuance delays. We recommend that clients with existing TCN appointments contact us to review their circumstances and explore possible options.
Under the new policy, wait times at certain consular posts may increase significantly, and we therefore advise clients to plan accordingly, scheduling appointments as far in advance as possible.