Big Changes for Nonimmigrant Visas: Applicants Beware

On September 6^th, the U.S. Department of State (DOS) announced a policy shift that will impact nearly all nonimmigrant visa applicants, including students, workers, and tourists. While the change might look small on paper, it could have major consequences for certain visa applicants.

Our team breaks this update down in a short TikTok video. Read on for the key points:  

What’s Changed?  

Previously, nonimmigrant visa applicants could freely schedule their visa interviews at U.S. consulates or embassies in countries they were not citizens or permanent residents of as long as these offices accepted Third Country National (TCN) applications. This flexibility gave people the option to choose a consulate, for example, with shorter wait times or in a more convenient location to visit.  

Now, nonimmigrant visa applicants are instructed to apply at a U.S. consulate or embassy in their country of nationality or residence. Those who make appointments elsewhere may find it “more difficult” to qualify for their visa, according to the DOS.  

This applies to most common visa categories including, but not limited to:  

• Student visas (F, M, J)

• Temporary work visas (H, L, O, etc.)

• Tourist visas (B-1/B-2)

Limited exceptions may be made for humanitarian, medical, or foreign policy reasons, but those are likely to be rare and discretionary. In addition, those applying for A, G, C-2, C-3, NATO visas are exempt.  

If your country of nationality or residence doesn’t have an office that offers routine nonimmigrant U.S. visa services, you should schedule your interview at the designated embassy or consulate listed on the Department of State’s website here.  

Why This Matters

This policy shift takes away flexibility and places an added burden on immigrants who are dealing with an already complicated U.S. immigration system. It is likely to result in longer wait times at busy consulates and higher travel costs as people may be forced to travel back to their home countries for consular interviews.  

The policy will also create more stress for families and employers. Students may face delays returning to school, workers could have interruptions in their employment, and travelers might deal with new obstacles when trying to visit loved ones.

What Should You Do if You’re Applying?

If you’re planning to apply for or renew a nonimmigrant visa, here are key steps to take:

• Check your consulate. Make sure you know which U.S. consulate you should make your appointment with and be aware of the risks if you apply elsewhere.

• Plan ahead. With potentially longer wait times, book your appointment as far in advance as you can and prepare for unexpected delays.

• Confirm existing appointments. If you scheduled an interview before September 6^th, contact the consulate to confirm it hasn’t been cancelled.

• Keep people in the loop. If you’re on a work or student visa, talk to your employer or international student office about any upcoming travel and what to do in case things don’t go according to plan.

• Seek legal guidance before leaving the U.S. Consult with an experienced immigration attorney to avoid mistakes and ensure you’re making the best decisions.

Our Take

Instead of making the immigration system more humane or efficient, the current Administration seems content with making it as challenging as possible. At McEntee Law Group, we believe immigration policies should create opportunities, not limit them.  

We’ll continue to monitor this situation closely and share updates. If you’re unsure about how this might affect you, reach out to our team of experienced immigration attorneys.  

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