Changes to U.S. Visa Processing and Procedures: Department of State Limits Venues for Visa Processing and Eliminates Visa Interview Waivers for Most Applicants

The Department of State (DOS) has recently announced two major changes to their longstanding policy on visa applications.

End of “Third Country National (TCN)” Visa Processing

On September 6, 2025, DOS updated its instructions on visa interview appointments to require nonimmigrant visa (NIV) applicants to schedule interviews at the U.S. Embassy or Consulate in their country of nationality or residence.  This announcement, which marks a major shift from longstanding policy that allowed applicants to attend visa appointments outside of their home country, is effective immediately.  The DOS instructions further provide:

• Applicants must be able to demonstrate residence in the country where they are applying, if the place of application is based on their residency.
• Applicants who schedule nonimmigrant interviews at a U.S. embassy or consulate outside of their country of nationality or residence might find that it will be more difficult to qualify for the visa. Fees paid for such applications will not be refunded and cannot be transferred.
• Applicants with pre-existing visa appointments to apply outside their country of nationality or residence should expect to wait significantly longer for an appointment.

Exempted from this new policy are applicants for A, G, C-2, C-3, NATO visas, applicants for diplomatic-type or official-type visas (regardless of classification) and applicants for any visa for travel covered by the UN Headquarters Agreement.  DOS further notes that exceptions may also be made for humanitarian or medical emergencies or foreign policy reasons in rare circumstances.

The DOS clarifies that existing nonimmigrant visa appointments will generally not be cancelled; however, isolated reports have already surfaced since the September 6^th announcement of visa applicants being rejected from consular posts outside of their home country.  Applicants should proceed with pre-existing appointments in third country locations assuming some risk of improper rejection.

End of Visa Interview Waivers for Most Applicants, including Seniors and Children

On September 2, 2025, DOS issued a new policy to limit eligibility for waiver of the interview requirement for most visa classifications and to require in-person interviews for applicants under the age of 14 and over the age of 79.

This change marks a major reversal of DOS policy which previously found the waiver of visa interviews for most applicants seeking to renew a previously issued visa to be in the national interest. Also, for many years, children and seniors have been specifically excused from attending visa interviews.

Certain applicants will still be eligible for interview waivers, including those applying for A, G, C-2, C-3, NATO visas as well as applicants for diplomatic-type or official-type visas. Applicants renewing a full validity B-1, B-2, B1/B2 visa or a Border Crossing Card/Foil will also be eligible for interview waivers in certain limited circumstances.

What Employers Need to Know

We anticipate that these changes in the visa interview appointment process will cause additional burdens on applicants for U.S. visas, with the need for additional planning for visa appointment scheduling, potential disruption to travel (especially during the holidays) leading to potential delays in return to work, all as a result of a general reduction in visa appointment availability worldwide, with likely no additional and necessary resources diverted to meet the shifted demand, and particularly in countries with high rates of immigration to the U.S. such as India and China.