United States | Immigration | DOS updates its instructions for the adjudication of nonimmigrant visa applicants in their country of residence


September 8, 2025

Immigration

United States | DOS updates its instructions for the adjudication of nonimmigrant visa applicants in their country of residence

Summary

The US Department of State (DOS) recently updated its instructions for all nonimmigrant visa applicants scheduling visa interview appointments, emphasizing the importance of applicants applying for visas in their country of residence or nationality. As of September 6, 2025, all nonimmigrant visa applicants must now schedule their visa interview exclusively at a US Embassy or Consulate located in their country of residence or nationality. This new directive emphasizes residency-based processing and largely eliminates third-country applications.

The detail

Removing third-country flexibility
Previously some nonimmigrant visa applicants could apply for visas at US embassies and consulates that were third-country friendly, irrespective of the applicants’ country of residence. According to the DOS, this created inconsistencies in processing and longer wait times for applicants in their home countries.

The new approach
The new guidance makes it clear that applicants for nonimmigrant visas should schedule their visa interview appointment at the US Embassy or Consulate in their country of nationality or residence to avoid potential delays and complications. The DOS expects this change to provide a more streamlined process, as consular officers will have a clearer understanding of the applicant’s background and ties to their home country. If applicants apply for a visa interview at the US Embassy or Consulate outside of their country of nationality, then they will have to provide evidence that they are a resident of that particular country.

What this means

Applicants who have already scheduled a nonimmigrant interview at a US Embassy or Consulate outside of their country of nationality or residence, should anticipate that the consulate will apply a higher level of scrutiny and it will be more difficult to qualify for the visa. Existing nonimmigrant visa appointments will generally not be cancelled. Additionally, the fees paid for applications are non-refundable and non-transferable.

For employers, it is essential to communicate this new guidance to employees and ensure they understand the importance of applying in their country of residence or nationality.

Vialto Partners will continue to monitor the implementation of this guidance and provide further updates as necessary to ensure that stakeholders are informed of any changes that may affect nonimmigrant visa processing.

Contact us

For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:

Manish Daftari
Partner

Want to know when a Regional Alert is posted?

Simply follow our Vialto Alerts page on LinkedIn and posts will be displayed on your feed. To ensure you don’t miss one, once you’re on our LinkedIn page, click on the bell icon under the banner image to manage your notifications.

Further information on Vialto Partners can be found here: www.vialtopartners.com

Vialto Partners (“Vialto”) refers to wholly owned subsidiaries of CD&R Galaxy UK OpCo Limited as well as the other members of the Vialto Partners global network. The information contained in this document is for general guidance on matters of interest only. Vialto is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. In no event will Vialto, its related entities, or the agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in this document or for any consequential, special or similar damages, even if advised of the possibility of such damages.

© 2025 Vialto Partners. All rights reserved.