On September 6, local time, the U.S. Department of State officially announced that effective immediately, all non-immigrant visa applicants must complete their interviews at U.S. consulates in their home country or country of long-term residence. This regulation means that the widely used "third country visa interview" channel is now completely closed.
1. Core Policy Changes: Must Apply in Home Country or Residence, Fees Non-Refundable
• Must apply in the country of nationality or residence: According to the latest guidelines issued by the U.S. Department of State, effective immediately, all non-immigrant visa applicants (including common categories such as B1/B2, F1, H1B, L1, etc.) must submit their applications at the consulates in their country of nationality or legally long-term residence. If applying based on "country of residence," sufficient supporting documents such as long-term visas, work, or study documents must be provided.
• Fees Non-Refundable: If an applicant incorrectly selects the application location and has completed the payment, the fee will neither be refunded nor transferred to another consulate.
• Appointment Availability: Regarding the availability of interview appointments, the Department of State clearly states that wait times vary by location, and applicants applying outside their country of nationality or residence will face longer appointment wait times.
• Existing Appointments: For non-immigrant visa applicants who have already successfully scheduled appointments, the U.S. Department of State indicates that existing appointments will generally not be canceled, and applicants may still proceed to the scheduled consulate for their interviews as planned.
2. Limited Exceptions, Only a Few Categories Exempted
The new regulations do not apply to A, G, C-2, C-3, NATO visa applicants, diplomatic or official visa applicants, and those related to United Nations Headquarters Agreement visas. Additionally, only a very limited number of humanitarian reasons, medical emergencies, or special applications based on U.S. national interests may receive exceptions.
It is noteworthy that as of September 2, almost all non-immigrant visa categories have canceled the interview waiver policy, and applicants must now appear in person at the consulate for interviews. This series of changes has nearly completely ended the previous flexible operations of the "third country visa interview."
3. Profound Impact on International Students and Foreign Employees in the U.S.
This policy adjustment has a particularly significant impact on the international student community in the U.S. Previously, many students would choose to go to Canada or Mexico during holidays for visa renewals, which could typically be completed within a few days, but now they must return to their home country to apply, significantly increasing time and cost.
For foreign employees in the U.S. holding H, L, O, and other work visas, they will also need to return to their home country for visa renewals, which will introduce new uncertainties for employers' staffing arrangements. Family visit visa applicants will also be affected; parents or elderly relatives who previously relied on the interview waiver for quick approvals will now need to queue for interview appointments, resulting in significantly longer wait times.
4. Chinese Applicants Must Return to Submit Applications, No Alternative Arrangements
For Chinese applicants, since there are multiple U.S. consulates established in the country, they must return to submit their visa applications and will not enjoy alternative arrangements. For applicants from countries without U.S. visa services, the Department of State has announced alternative processing locations: Russian applicants must go to Astana, Kazakhstan or Warsaw, Poland; Iranian applicants must go to Dubai; Venezuelan applicants are designated to process in Bogotá.
5. EB-5 Investment Immigration Unaffected, Reserved Visas Still Offer Advantages
It is important to note that this policy adjustment only applies to non-immigrant visas, and EB-5 investment immigration, as an immigration category, is unaffected. Particularly under the new law, reserved visa categories such as rural projects remain in a no-waiting period status, providing applicants with the opportunity for "dual submission," meaning applicants can submit both I-526E and I-485 applications simultaneously, obtaining a Combo Card in about three months, allowing legal residence, study, and work in the U.S. while waiting for the green card.
Overall, the recent adjustments to the U.S. Department of State's non-immigrant visa policy have brought numerous inconveniences and challenges to many individuals worldwide seeking to travel to the U.S. In this context, for families hoping to develop long-term in the U.S., it may be a wise choice to plan their status in advance and fully utilize stable immigration channels such as EB-5 investment immigration to cope with future uncertainties.
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