On September 6, 2025, the U.S. Department of State announced substantial changes to its Nonimmigrant Visa (NIV) interview procedures, explicitly restricting third-country processing of nonimmigrant visas. This update marks a significant policy shift from the approach under the Biden administration, during which consular posts worldwide accepted visa applications from third-country nationals—individuals applying for a visa in a country other than their country of nationality or residence.
What Is Third-Country Processing?
Third-country processing occurs when an applicant, who is neither a national nor a resident of the country in which the application is filed, submits a visa application. For example, a Japanese national applying for a U.S. visa at the U.S. embassy in Frankfurt while visiting Germany on business would fall under this category. Historically, consular posts across the globe accepted such applications, facilitating travel and work arrangements for business, tourism, and other purposes without requiring applicants to return to their home country.
Immediate Effect and Official Guidance
Effective immediately, the Department of State recommends that all nonimmigrant visa applicants schedule their interviews at the U.S. embassy or consulate in their country of nationality or legal residence. The new restrictions prohibit routine third-country processing for both nonimmigrant and immigrant visas, barring exceptions outlined below.
According to the Department of State Foreign Affairs Manual (FAM) Section 9 FAM 401.9 N, applicants are expected to submit visa applications at posts in their country of nationality or residence unless extraordinary circumstances exist. This aligns with the Department’s goal of enhancing security and maintaining consistency in visa processing procedures.
A list of designated locations authorized for visa processing can be found [here].
Key Points for Visa Applicants:
- Residence Verification: Applicants applying outside their country of nationality based on a residence claim must provide official documentation establishing residence in the country where the application is submitted (see FAM 9 FAM 402.2).
- Heightened Scrutiny: Applicants scheduling interviews in a third country may face increased administrative processing and scrutiny, potentially leading to longer wait times and additional documentation requirements.
- Appointment Availability and Delays: Consular posts anticipate significant delays and longer waiting periods, which may impact travel planning and employer staffing logistics.
- Fee Transfers: Visa application fees paid at one consular post are non-refundable and cannot be transferred or credited elsewhere.
- Existing Appointments: Appointments already scheduled will typically remain valid unless explicitly canceled due to extraordinary circumstances.
Exceptions and Notable Limitations
Although the new restrictions are strict, limited exceptions may be granted, primarily for humanitarian reasons, medical emergencies, or critical foreign policy interests, aligning with guidance outlined in FAM 9 FAM 403.7. The restrictions do not apply to visa classifications such as A, G, C-2, C-3, NATO, diplomatic, or official visas, nor to travel under the United Nations Headquarters Agreement.
Impacts on Planning and Business Operations
Employers and visa applicants should plan well in advance, allowing sufficient time for scheduling appointments at the correct posts and for potential processing delays. Additionally, companies should prepare for possible extended durations abroad for visa stamping, especially when travel to the applicant’s home country becomes necessary.
This policy shift emphasizes the importance of strategic early planning for visa applications and highlights the need for employer-led coordination to ensure compliance with evolving U.S. immigration procedures.