Effective September 6, 2025, the U.S. Department of State released a new policy regarding the adjudication of nonimmigrant visa applications for third country nationals (TCNs). TCNs are individuals who apply for a U.S. visa in a country that is neither their country of nationality nor their country of legal permanent residence. Updated instructions for all nonimmigrant visa (NIV) applicants scheduling visa interview provide as follows: 

• Applicants for U.S. nonimmigrant visas (NIV) should schedule their visa interview appointments at the U.S. Embassy or Consulate in their country of nationality or residence.

• Nationals of countries where the U.S. government is not conducting routine nonimmigrant visa operations must apply at the designated embassy or consulate, unless their residence is elsewhere. List of these countries and their designated embassy or consulate can be found below. 

Designated Locations for Nonimmigrant Visa Processing

Applicants should also note the following:

• Applicants must be able to demonstrate residence in the country where they are applying, if the place of application is based on their residency (as opposed to nationality).
• Applicants applying outside their country of nationality or residence may face longer wait times, lower chances of approval, and non-refundable, non-transferable visa fees.
• While the announcement indicates that existing appointments should generally not be canceled, there is currently no guarantee that visas will be issued under the revised framework or that consular posts received complete or uniform instructions on how to implement the updated policy.
• This policy does not apply to diplomatic, official, or UN-related visas. Limited exceptions may be made for humanitarian, medical, or foreign policy reasons.

Individuals who have visa appointments as TCNs should check their appointment status prior to traveling abroad to ensure that the appointment has not been cancelled. Applicants should also check embassy and consulate websites for more detailed information about visa application requirements and procedures, and to learn more about the embassy or consulate’s operating status and services.

We remain optimistic that additional clarification will be issued in the coming days, and we will continue to monitor developments closely and provide timely updates as more reliable information becomes available.

  For further information, please contact:

Anthony F. Siliato | Scott R. Malyk | Lin R. Walker | Stacey A. Simon

Meyner and Landis LLP

One Gateway Center, Suite 2500, Newark, New Jersey 07102

Asiliato@meyner.com | Smalyk@meyner.com | Lwalker@meyner.com | Ssimon@meyner.com

Disclaimer: The information contained herein is intended only for informational purposes and is not a substitute for legal advice. Further, reading this Client Alert in no way establishes an attorney/client relationship between you and Meyner and Landis LLP. Readers should consult legal counsel for definitive advice regarding the current law and regulations and how those apply to your unique situation within your organization.