Immigration Law Insights

The Department of State has long advised Foreign Nationals to apply for visa stamping in their country of nationality or residence, but in practice, many Consulates regularly allowed Third Country Nationals (“TCNs”) the opportunity to apply for visas in countries that may be more convenient. However, effective September 6, 2025, the Department of State updated its instructions, directing visa applicants to schedule their interviews exclusively in their country of nationality or residence. 

Nationals of countries where the U.S. government is not conducting routine nonimmigrant visa operations are directed to apply for visas at a specifically designated embassy or consulate, unless their residence is elsewhere.  Nationals of the following countries are directed to schedule appointments at the following corresponding third-country consular post(s): Afghanistan (Islamabad, Pakistan); Belarus (Vilnius, Lithuania or Warsaw, Poland); Chad (Yaoundé, Cameroon), Cuba (Georgetown, Guyana); Haiti (Nassau, Bahamas); Iran (Dubai, UAE); Libya (Tunis, Tunisia); Niger (Ouagadougou, Burkina Faso); Russia (Astana, Kazakhstan or Warsaw, Poland); Somalia and South Sudan (Nairobi, Kenya); Sudan (Cairo, Egypt); Syria (Amman, Jordan); Ukraine (Krakow or Warsaw, Poland); Venezuela (Bogota, Colombia); Yemen (Riyadh, Saudi Arabia); Zimbabwe (Johannesburg, South Africa).

Foreign Nationals from countries experiencing a high volume of visa applications, like India and China, may experience longer wait times for visa appointments and costly travel to obtain new visas. Coupled with the Department of State’s recent changes in visa reciprocity of nonimmigrant categories in many countries, the number of applications for extension of status at USCIS is also likely to increase, resulting in longer USCIS processing times.  The Department of State has indicated that existing TCN appointments will not be cancelled, but visa wait times may be significantly longer for a TCN.

Employers should immediately notify foreign national employees with upcoming travel plans to make visa appointments as early as possible.  Ideally, foreign national workers requiring a visa stamp would not exit the United States before having a visa interview scheduled.  Foreign national workers also need to be advised of the updated policy, as some may have relied on consulates in Canada or Mexico for visa issuance out of convenience in the past.  Employers should also plan for the possibility that members of their foreign national workforce could be out of the United States for an extended period of time when seeking visa stamping due to the change in policy. 

If your business has questions regarding visa processing or strategies to mitigate the impacts of the new TNC policy, contact Melissa Azallion Kenny (MAkenny@burr.com), Anna L. Scully (Ascully@burr.com), or Jonathan C. Eggert (JEggert@burr.com), on the Burr & Forman LLP immigration team.