The Department of State’s recent announcement on September 6, 2025, marks a significant shift in U.S. visa policy. The new rule, titled “Adjudicating Nonimmigrant Visa Applicants in Their Country of Residence,” effectively ends the practice of “third-country national” (TCN) processing for most applicants. This blog post will break down the key changes and what they mean for individuals and businesses. 📄

The New Rule: What’s Changed?

Previously, a foreign national could apply for a U.S. nonimmigrant visa (such as for work, tourism, or study) at any U.S. embassy or consulate that accepted their application. Many individuals leveraged this flexibility, often traveling to a third country with shorter visa wait times to get their visa stamp.

Effective immediately, the State Department’s new guidance requires that nonimmigrant visa applicants schedule their interviews at the U.S. Embassy or Consulate in their country of nationality or legal residence.

For a person to apply in their country of residence, they must be able to provide proof of that legal residency. While this change may not impact existing appointments, new appointments scheduled after September 6, 2025, must comply with this new directive.

Who is Affected?

This policy change has broad implications, particularly for nonimmigrant visa categories that often face long wait times, including:

• H-1B and L-1 Visa Holders: Foreign workers in the U.S. who need to get a new visa stamp to re-enter the country will now be required to return to their home country for the interview, potentially leading to significant delays and complications.

• F-1 Students: Students whose visas have expired while studying in the U.S. will no longer be able to travel to a neighboring country for a renewal interview.

• B-1/B-2 Tourist and Business Travelers: Travelers seeking to renew their visas will be limited to their home country, which can cause logistical challenges and extended stays abroad.

This new rule is expected to significantly increase visa wait times in high-demand countries like India and China, as applicants who previously used the TCN option will now be funneled back to their home country’s consulates.

What Are the Exceptions?

The new rule is not without exceptions, though they are limited:

• Humanitarian or Medical Emergencies: Rare exceptions may be granted on a case-by-case basis.

• Specific Visa Classes: The rule does not apply to applicants for diplomatic visas (A, G, C-2, C-3) or those covered by the UN Headquarters Agreement.

• Countries without Routine U.S. Operations: Nationals of countries where the U.S. does not conduct routine nonimmigrant visa operations (e.g., Iran, Russia, Venezuela) must apply at a designated embassy or consulate, as listed by the State Department. Those locations are listed below:

What Should You Do Now?

If you have an upcoming visa interview or are planning to apply for a nonimmigrant visa, it’s crucial to understand these changes. You should:

• Review your application jurisdiction: Ensure your planned interview location is in your country of nationality or legal residence.

• Monitor wait times: Be prepared for potentially longer wait times and plan your travel accordingly.

• Consult with an attorney: Navigating these new rules can be complex. An experienced immigration attorney can help you determine the correct jurisdiction for your application and advise on a new strategy if your original plan has been impacted.

At Cohen, Tucker + Ades, we are actively monitoring the implementation of this new rule and are here to help you navigate this changing landscape. Please contact us to discuss your specific case and ensure a smooth visa application process.

Sources:

Adjudicating Nonimmigrant Visa Applicants in Their Country of Residence – September 6, 2025 | U.S. Department of State