On Sept. 6, 2025, the U.S. Department of State issued updated guidance directing that nonimmigrant visa (NIV) applicants (E, F, H, J, L, O, etc.) must generally schedule their visa interview appointments at a U.S. embassy or consulate in their country of nationality or legal residence.
For nationals of countries where routine NIV processing is not available, the guidance specifies designated embassy or consulate posts.
Below is an overview of what employers and foreign national employees should be aware of under the new policy, and practical considerations to help mitigate its impact.
Applicants must schedule interviews in their country of nationality or country of residence. If applying based on residence (rather than nationality), the applicant must be able to demonstrate legal residence in that country. For certain countries without routine visa operations, the Department of State has designated specific embassies or consulates (for example, Iran Dubai; Venezuela Bogotá; Russia Astana or Warsaw; Ukraine Krakow or Warsaw; etc.). Visa application fees remain non-refundable and non-transferable, even if the applicant is found ineligible due to interview location. Applicants applying outside of their country of nationality or residence may face longer wait times for appointment scheduling. Existing appointments generally will not be cancelled. Exceptions apply for diplomatic and official visas, certain UN-related visas, and humanitarian or medical...
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